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LIBRARY 


University  of  California. 


RECEIVED    BY    EXCHANGE 


Class 


IOWA    BIOGRAPHICAL    SERIES 

EDITED    BY    BENJAMIN    F.    SHAMBAU(^H 


THOMAS     COX 


IOWA    BIOGRAPHICAL    SERIES 

EDITED     BY     BENJAMIN     F.     SHAMBAUGH 


THOMAS    COX 

BY 
HARVEY     REID 


*^3.AJa 


OF   THE 


UN 


IVERSITY 

OF 


THE  STATE  HISTORICAL  SOCIETY  OF  IOWA 
IOWA     CITY     IOWA     1909 


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EDITOR'S  INTRODUCTION 

Measured  by  the  careers  of  eminent  men, 
Thomas  Cox  would  not  be  classed  among  the 
great  characters  of  his  time.  Nor  does  he 
occupy  a  conspicuous  place  in  the  history  of 
Iowa.  At  the  same  time  he  was  not  unknown 
in  the  communities  and  Commonwealths  in 
which  he  lived.  He  was  an  active,  capable 
local  leader,  always  identified  with  the  social 
forces  of  the  community  whose  movements 
he  was  often  the  most  influential  in  direct- 
ing. 

History  is  not  simply  the  biography  of 
the  conspicuously  eminent  men;  it  is  more 
accurately  defined  as  a  record  of  the  evolu- 
tion of  mankind.  Indeed,  the  circumscribed 
and  often  inconspicuous  careers  of  local 
leaders,  builders  of  neighborhoods  and  com- 
munities, and  even  the  simple  lives  of  the 
nameless  masses  are  important  and  in  a 
sense  essential  factors  in  the  process  of  hu- 


1948GG 


viii  EDITOR'S  INTRODUCTION 

man  evolution.  And  so,  ''as  typical  of  the 
lives  of  the  local  leaders  among  the  pioneers 
of  the  West  and  of  Iowa  the  career  of 
Thomas  Cox  is  worthy  of  the  consideration 
of  thoughtful  students  of  history." 

Bexj.  F.  Shambaugh 

Office  of  the  Superintendent  and  Editor 

The  State  Historical  Society  of  Iowa 

Iowa  City 


AUTHOR'S  PREFACE 

The  career  of  Thomas  Cox  was  essentially 
that  of  a  pioneer.  Born  in  Kentucky  before 
it  was  made  a  State,  he  became  a  resident  of 
Illinois  the  same  year  in  which  that  Com- 
monwealth was  organized  as  a  separate  Ter- 
ritory. He  served  as  a  member  of  the  first 
legislatm^e  of  the  State  of  Illinois,  cam- 
paigned as  a  soldier  in  the  Wisconsin  coun- 
try when  it  was  still  a  part  of  the  Territory 
of  Michigan,  lived  for  a  time  in  the  original 
Territory  of  Wisconsin,  and  died  in  Iowa 
before  the  State  was  admitted  into  the 
Union. 

It  was  in  the  early  years  of  the  Territorial 
period  that  Thomas  Cox  figured  in  the  his- 
tory of  Iowa.  He  was  a  member  of  the  first, 
the  second,  the  third,  the  fifth,  and  the  sixth 
of  the  Legislative  Assemblies  of  the  Terri- 
tory. At  each  session  in  which  he  sat  as  a 
member  of  the  House  of  Representatives  he 
received  votes  for  Speaker  —  to  which  of- 
fice he  was  elected  in  the  Third  Legislative 
Assembly  by  acclamation.  He  received  votes 


X  AUTHOR'S  PREFACE 

for  President  in  the  first  session  of  the 
Council  in  which  he  held  a  seat ;  and  in  the 
second  he  was  elected  to  preside  over  that 
body,  despite  an  adverse  party  majority. 

The  Governor  and  other  officials,  while 
Iowa  was  a  Territory,  were  appointed  by  the 
President  of  the  United  States;  so  that, 
when  the  people  of  Jackson,  Dubuque,  Dela- 
ware, and  Clayton  counties  elected  Thomas 
Cox  to  the  Territorial  Council  and  that  body 
made  him  their  President,  he  became  invest- 
ed with  the  highest  dignity,  with  the  excep- 
tion of  that  of  Delegate  to  Congress,  which 
could  be  given  to  any  man  by  the  suffrages 
of  the  people  of  the  Territory. 

In  native  ability  and  superior  intelligence, 
in  keen  energy  and  forcefulness  that  defied 
opposition,  in  an  imposing  presence  that 
compelled  respect,  in  a  winsome  geniality 
and  ready  generositj^  that  attracted  love  and 
esteem,  in  dauntless  courage  tried  on  battle- 
fields, and  in  an  inflexible  devotion  to  law 
and  order,  Thomas  Cox  assiuned  a  leader- 
ship that  was  unquestioned  and  unfaltering 
among  the  sturdy  pioneers  who  came  to  con- 
quer and  settle  the  wildernesses  of  the  West. 

The  memory  and  traditions  of  contem- 
porary pioneers  and  their  descendants,  and 


AUTHOR'S  PREFACE  xi 

meager  scraps  of  recorded  history  tell  us 
that  Thomas  Cox  stood  over  six  feet  tall, 
weighed  about  two  hundred  fifty  pounds, 
was  erect  and  portly,  with  black  hair,  pierc- 
ing, dark  blue  eyes,  and  a  florid  complexion. 
He  was  an  ardent  sportsman  and  accom- 
plished horseman,  being  accustomed  when 
nearly  sixty  years  old  to  vault  into  the  sad- 
dle with  his  hands  upon  the  horse's  withers, 
without  touching  the  stirrups. 

Thomas  Cox  died  in  1844  and  was  buried 
under  a  tall  young  hickory  on  his  farm  in 
Jackson  County,  Iowa.  A  few  years  later 
the  surviving  members  of  his  family,  true  to 
the  pioneer  instinct,  migrated  to  California. 
Sixty  years  passed ;  and  when  inquiries  be- 
gan to  be  made  on  behalf  of  the  Old  Settlers' 
Association  of  Jackson  County  it  was  with 
difficulty  that  the  exact  place  of  the  inter- 
ment of  Thomas  Cox  was  located.  Nor  was 
the  task  of  gathering  the  details  that  make 
up  the  man's  life  story  an  easy  one. 

To  have  acquired  the  power  that  he  dis- 
played in  later  years  and  to  have  secured  the 
respect  and  confidence  that  he  commanded 
from  his  peers,  it  seemed  evident  to  the 
writer  that  Thomas  Cox  must  have  had  a 
previous  history  of  experience  in  public  af- 


xii  AUTHOR'S  PREFACE 

fairs  and  of  contact  with  leaders  of  men. 
The  deduction  was  justified  by  the  facts. 
Repeated  efforts  finally  resulted  in  locating 
an  aged  son  and  daughter  and  several  grand- 
children in  California.  Genealogical  data 
were  thus  obtained  —  though  incomplete  in 
earlier  details  through  the  loss  of  books  and 
letters  which  fell  into  the  hands  of  robbers 
who  destroyed  a  wagon  that  the  emigrants 
were  forced  to  abandon  on  one  of  the  Nevada 
deserts  of  the  California  trail  in  1849.  Then, 
out  of  scraps  and  fragments  of  early  west- 
ern history  leading  from  Kentuckj^  through 
Illinois,  Michigan,  Wisconsin,  and  Iowa, 
the  career  outlined  in  the  following  pages 
was  revealed. 

Indispensable  aid  in  tracing  his  public 
life  came  to  the  writer  in  many  ways. 
Through  Mr.  Charles  Aldrich  (now  de- 
ceased) the  writer  was  given  access  to  the 
Journals  of  the  Legislative  Assembly  of  the 
Territory  of  Iowa.  Mr.  Frank  E.  Stevens 
of  Chicago  very  kindly  loaned  from  his  li- 
brary a  number  of  rare  volumes  relating  to 
Illinois  history.  The  fortune  that  gives  us 
the  personal  recollections  of  that  Nestor  of 
Iowa  historians,  Dr.  William  Salter,  seems 
almost  providential.    His  unique  experience 


AUTHOR'S  PREFACE  xiii 

of  having  officiated  in  his  sacred  calling  at 
the  burial  of  Colonel  Cox  and  again  at  the 
rebnrial  and  the  dedication  of  a  monument 
sixty-one  years  later  is  so  rare  as  to  be 
phenomenal. 

Personal  memories  of  Mr.  N.  B.  Butter- 
worth  of  Andrew,  Mr.  Anson  H.  Wilson  of 
Maquoketa,  Captain  William  A.  Warren  of 
Bellevue,  and  Dr.  Theodore  S.  Parvin  of 
Cedar  Rapids,  Iowa,  have  been  of  inestima- 
ble service.  Dr.  Benjamin  F.  Shambaugh's 
History  of  the  Constitutions  of  Iowa,  as  well 
as  his  Messages  and  Proclamations  of  the 
Governors  of  Iowa  and  his  lotva  City:  A 
Contribution  to  the  Early  History  of  Iowa, 
has  furnished  much  needed  data  on  Iowa 
Territorial  history;  and  his  kindly  aid  in 
searching  old  documents  has  brought  results 
of  extraordinary  value  and  interest.  Dr. 
John  C.  Parish  of  The  State  Historical  So- 
ciety of  Iowa  has  also  effectively  aided  this 
research.  The  State  Historical  Society  of 
Wisconsin,  by  direction  of  Dr.  Reuben  G. 
Thwaites,  has  generously  supplied  items  not 
available  elsewhere. 

Harvey  Reid 
Maquoketa,  Iowa 


CONTENTS 

I.     Eaely  Life 1 

II.     Soldier  in  the  War  of  1812 7 

III.  Member  of  the  Illinois  Legislature  24 

IV.  Register  of  the  Land  Office 34 

V.  Outbreak  of  the  Black  Hawk  War  40 

VI.  End  of  the  Black  Hawk  War  ....  51 

VII.  United  States  Deputy  Surveyor  ...  62 

VIII.    Member  of  the  Assembly 70 

IX.  Opposition  to  Governor  Lucas  ....  83 

X.  Locating  and  Naming  the  Capital  .  .  89 

XI.     Surveying  the  Capital 101 

XII.  Member  of  the  Second  Assembly  .   .  106 

XIII.  The  Boundary  Dispute 113 

XIV.  A  Gang  op  Thieves  and  Outlaws  .   .  122 
XV.  Battle  with  the  Desperadoes  ....  136 

XVI.    A  Frontier  Tribunal 149 

XVII.     The  Aftermath 155 

XVIII.    Speaker  of  the  House 168 

XIX.    Member  of  the  Council 177 

XX.    President  of  the  Council 181 

XXI.    Death  and  Burial 191 

Notes  and  References 197 

Index 241 


^     OF   THE 

UNIVERSITY 

OF 


Early  Life 


Meager  details  of  the  ancestry  of  Thomas 
Cox  begin  with  the  migration  of  his  father 
Robert  Cox,  a  Scotch-Irish  Presbyterian, 
from  Belfast,  Ireland,  to  Virginia  near  the 
close  of  the  Revolutionary  War.  Although 
a  mere  boy  Robert  Cox  came  to  America 
alone,  leaving  in  Ireland  his  widowed  mother 
and  an  elder  brother  Thomas.  The  exact 
locality  in  Virginia  in  which  he  settled  is 
unknown;  but  it  was  evidently  where  the 
story  of  Greorge  Rogers  Clark  and  his 
compeers  in  Kentucky  was  well  known,  for 
he  soon  followed  in  the  train  of  emigration 
setting  into  the  ' '  dark  and  bloody  ground. ' '  ^ 
Preceding  him  to  Kentucky  was  a  Vir- 
ginian by  the  name  of  Robinson,  whose  wife 
was  the  daughter  of  a  wealthy  Virginia 
planter  by  the  name  of  Dougherty.  Thrown 
into  contact  by  the  common  perils  and  labors 
of  the  wilderness,  Robert  Cox  met  and  fell 
in  love  with  and  married  little  Jane  Robin- 


2  THOMAS   COX 

son,  a  blonde  beauty  of  the  family.  Their 
home  shortly  after  the  marriage  was  in  Dan- 
iel Boone 's  fort  on  the  Kentucky  Eiver.  We 
are  not  informed  just  when  their  marriage 
took  i^lace ;  nor  do  we  have  the  exact  date  of 
the  birth  of  their  oldest  son  Thomas  —  ex- 
cept that  it  was  in  1787,^  the  year  made 
memorable  by  the  framing  of  the  Constitu- 
tion of  the  United  States  and  the  adoption 
of  the  Ordinance  for  the  Govei*nment  of  the 
Northwest  Territory. 

In  the  troublous  conflicts  with  the  In- 
dians, in  which  KentuckN-^  pioneers  had  to 
defend  their  homes,  Robert  Cox  bore  the 
part  of  a  soldier ;  and  he  served  with  General 
Anthony  Wayne  when  that  sturdy  fighter 
broke  the  power  of  the  Indian  tribes  north 
of  the  Ohio  in  1794.  But  of  any  further 
history  of  the  family  while  Thomas  Cox  was 
growing  into  young  manhood,  tradition  is 
silent  and  records  are  wanting.  That  he 
learned  to  ride  a  horse  skillfully  and  shoot 
a  rifle  accurately,  his  future  life  testifies. 
And  he  certainly  acquired  a  good  English 
education,  with  sufficient  knowledge  of 
mathematics  to  pursue  with  success  the  pro- 
fession of  surveying. 

Nor  is  it  known  in  just  what  part  of  Ken- 


EARLY  LIFE  3 

tucky  the  formative  years  of  Thomas  Cox 
were  spent.  His  father  was  an  agriculturist 
and  owned  slaves ;  for  he  gave  Thomas  upon 
his  marriage  in  Illinois  slaves  and  a  number 
of  milch  cows.^ 

Early  in  the  year  1809  Congress  made  a 
division  of  Indiana  Territory — under  which 
name  the  w^estern  portion  of  the  Old  North- 
west Territory  had  been  known  since  the 
admission  of  Ohio  as  a  State  —  by  forming 
a  new  Indiana  Territory  with  the  bound- 
aries now  existing  for  the  vState  of  that 
name.  This  left  the  vast  tract  of  wilderness, 
extending  fi-om  the  Wabash  Eiver  and  lakes 
Michigan  and  Superior  on  one  side  to  the 
Mississippi  River  on  the  other,  to  be  pro- 
vided with  a  government.  It  was  constituted 
Illinois  Territory,''  and  comprised  the  pres- 
ent States  of  Illinois  and  Wisconsin,  as  well 
as  a  part  of  Minnesota  and  the  Upper  Pen- 
insula of  Michigan. 

White  settlements  were  almost  entirely 
confined  to  the  southern  end  of  the  Illinois 
Territory,  the  only  ones  north  of  a  line 
drawn  east  from  the  mouth  of  the  Illinois 
River  being  a  few  French  trading  posts  at 
Piorias  [Peoria],  Prairie  du  Chien,  Green 
Bay,  and  Milwaukee,  and  a  United  States 


4  THOMAS   COX 

garrison  at  Fort  Dearborn.  There  were  only 
two  counties  in  the  Territory  —  Randolph, 
which  w^as  south  of  a  straight  east  and  west 
line  from  the  Mississippi  to  the  Wabash,  of 
which  the  north  boundary  of  the  present 
county  of  Randolph  forms  a  part,  and  St. 
Clair,  which  constituted  all  the  remainder 
of  the  Territor}^  Kaskaskia  was  the  county 
seat  of  Randolph  County,  and  Cahokia  that 
of  St.  Clair. 

The  first  appointment  made  by  President 
Madison  to  a  position  in  the  government  of 
the  new  Territory  was  that  of  Secretary  in 
the  person  of  Nathaniel  Pope,  a  native  of 
Kentucky,  who  at  the  time  was  pursuing  his 
profession  as  a  lawyer  at  Ste.  Genevieve, 
Missouri.  This  appointment  was  made  un- 
der date  of  March  7,  1809;  and  Mr.  Pope 
took  the  oath  of  office  before  a  judge  of 
Louisiana  Territory  and  entered  upon  the 
duties  of  his  office  on  April  25th  of  the  same 
year.^  He  thus  became  Acting  Governor  of 
Illinois  Territory  until  the  arrival  of  the 
Governor,  Mr.  Ninian  Edwards,  a  native  of 
Maryland  who  had  removed  to  Kentucky  in 
1795  and  who  had  become  prominent  in  law 
and  politics.*'  His  commission  as  Governor 
of  Illinois  Territory  bore  the  date  of  April 


EARLY  LIFE  5 

24,  1809,  and  he  arrived  at  Kaskaskia  to 
assume  charge  of  the  office  on  June  llth." 

In  the  year  1809,  or  very  early  in  1810, 
Eobert  Cox  and  his  family  (including  his 
son  Thomas  who  was  then  past  his  major- 
ity) also  became  residents  of  Kaskaskia  — 
the  ancient  capital  of  Illinois,  situated  near 
the  mouth  of  the  Kaskaskia  River  and  only 
seven  miles  from  the  Mississippi.  It  had 
been  made  a  French  Mission  and  had  re- 
ceived a  small  colony  of  priests  and  trappers 
about  1690.  Eecognized  as  the  seat  of  gov- 
ernment for  the  Illinois  country  under  the 
French  and  English  occupation,  it  was  the 
scene  of  the  notable  exploit  of  George  Rog- 
ers Clark  in  1778  when  he  won  the  North- 
west for  the  i3atriots  of  the  Revolution. 
Cahokia  and  Prairie  du  Rocher  were  other 
French  settlements  of  the  same  period  on 
the  east  side  of  the  Mississippi,  while  St. 
Louis  and  Ste.  Genevieve  were  located  on  the 
west  bank.  The  latter  was  directly  opposite 
and  less  than  ten  miles  from  Kaskaskia. 

Robert  Cox  was  appointed  Justice  of  the 
Peace  of  Randolph  County  (an  important 
office  at  that  time)  on  April  19,  1814;  ^  and 
still  earlier  Thomas,  then  a  young  man  of 
twenty-three,  entered  into  political  life  by 


6  THOMAS   COX 

receiving  an  appointment  to  a  ]30sition  in 
the  office  of  tlie  Sheriff  of  Randolph  County. 
Here  he  assisted  in  taking  the  Federal  cen- 
sus of  1810 ;  and  for  a  part  of  the  extensive 
county  he  collected  taxes,  which,  according 
to  the  custom  of  the  times,  were  paid  in  fur 
peltries.^ 

In  The  Edwards  Papers  is  contained  a 
"petition  of  the  free  male  inhabitants  of 
that  part  of  the  County  of  Randolph  which 
lies  east  of  Big  Muddy",  dated  June,  1812, 
asking  for  a  division  of  the  County  of  Ran- 
dolph by  erecting  a  new  county  or  counties 
out  of  its  eastern  portion,  and  also  asking 
that  the  people  be  allowed  to  vote  for  repre- 
sentatives to  form  a  Territorial  legislature/*^ 
This  petition  bears  the  names  of  both  Robert 
and  Thomas  Cox,  which  would  indicate  that 
their  home  had  been  made  to  the  east  of  the 
Big  Muddy  River,  a  tributary  of  the  Missis- 
sippi flowing  thirty  to  forty  miles  southeast 
of  Kaskaskia. 


II 

A  Soldier  ix  the  War  of  1812 

Upon  Ms  arrival  in  the  Illinois  Territory, 
Governor  Edwards  found  that  the  savage 
tribes,  who  occupied  the  major  portion  of 
the  country  over  which  his  jurisdiction 
extended,  were  in  a  state  of  unrest  and  dis- 
content, seriously  threatening  the  safety  of 
the  white  settlers.  The  trading  posts  in  the 
Northwest,  ceded  to  the  United  States  at  the 
close  of  the  Revolutionary  War,^^  were  not 
actually  given  up  by  the  British  until  1796. 
In  the  meantime  the  English  traders  had 
insinuated  into  the  minds  of  the  Indians, 
with  whom  they  came  in  contact,  a  distrust 
of  Americans;  and  even  after  the  cession 
they  labored  to  keep  up  such  feelings  with 
the  object  of  maintaining  trade  relations 
with  the  Indians  through  Canada. 

The  Sacs  on  the  Rock  River  under  Black 
Hawk  (known  as  the  British  Band)  kept  up 
a  regular  line  of  conmiunication  with  Mai- 
den in  Canada  over  what  came  to  be  known 


8  THOMAS   COX 

as  the  Maiden  Trail.  In  northeastern  Illi- 
nois and  southern  Wisconsin  the  Pottawata- 
mies  and  Winnebagoes  were  sullen  and 
treacherous;  while  farther  to  the  eastward 
Tecumseh  and  his  brother  the  Prophet  be- 
came openly  hostile  and  received  condign 
punishment  by  General  Harrison  in  the  bat- 
tle of  Tippecanoe  on  November  6,  1811. 

Before  Governor  Edwards's  arrival,  Act- 
ing Governor  Nathaniel  Pope,  deeming 
measures  of  defense  necessary,  made  tem- 
porary appointments  of  militia  officers  as 
early  as  May  1,  1809.  Under  date  of  July 
4, 1809,  Governor  Edwards  ordered  the  com- 
panies to  meet  and  recommend  olEficers  by 
election.^-  Three  regiments  were  organized 
at  once  —  two  from  Eandolph  County  and 
one  from  St.  Clair  Coimty.  In  November  a 
fourth  regiment  was  organized  from  '^the 
Wabash  country".  Early  in  1811  an  act  of 
Congress  authorized  the  enlistment  of  ten 
companies  of  Mounted  Rangers,  to  be  styled 
the  Seventeenth  Regiment,  over  which  Colo- 
nel William  Russell  of  Kentucky  was  given 
command.  Four  of  these  companies  were 
assigned  to  the  defense  of  Illinois,  four  to 
Indiana,  and  two  to  Missouri.  The  Illinois 
companies   were   commanded   hy   Captains 


A  SOLDIER  IN  THE  WAR  OF  1812  9 

Wm.  B.  Whiteside,  James  B.  Moore,  Jacob 
Short,  and  Samuel  Whiteside. 

A  chain  of  ''family  forts"  was  built,  ex- 
tending across  the  peninsula  from  the  Mis- 
sissippi, opposite  the  mouth  of  the  Missouri, 
to  the  Wabash  River  at  Vincennes.  These 
were  generally  block  houses,  one  and  a  half 
or  two  stories  high  at  diagonally  opposite 
corners  of  stockades  which  also  enclosed 
cabins  of  those  who  thus  "forted"  together. 
More  pretentious  forts  were  Dearborn  at 
Chicago,  Armstrong  at  the  mouth  of  Rock 
River,  Clark  at  the  foot  of  Peoria  Lake, 
Madison  on  the  west  side  of  the  Mississippi 
(now  Fort  Madison,  Iowa),  Shelby  at  Prai- 
rie du  Chien,  and  one  of  the  most  important, 
Camp  Russell  (named  in  honor  of  Colonel 
Wm.  Russell)  at  Edwardsville,  Illinois, 
twenty  miles  northeast  of  St.  Louis. 

The  battle  of  Tippecanoe  broke  the  joower 
of  the  Indians  in  Indiana;  and  thereu])on 
the  hostile  manifestations  seem  to  have  been 
transferred  to  the  Illinois  Territor}^  Mur- 
ders of  settlers  and  even  threatening  move- 
ments against  the  forts  occurred  during  the 
winter  of  1812-1813  around  Fort  Dearborn, 
Fort  Shelby,  Fort  Clark,  Fort  Madison,  and 
the  Spanish  Mines  (Dubuque).    These  hos- 


10  THOMAS  cox 

tilities  induced  Governor  Edwards  to  order 
detachments  of  the  militia  to  assemble  at 
Camp  Russell,  to  which  place  he  himself 
repaired,  practically  removing  thither  the 
seat  of  government. 

There  exists,  moreover,  a  roster  of  "the 
first  company  detached  from  the  Second 
regiment  of  militia,  Illinois  Territory,  for 
a  three  months'  tour,  by  order  of  the  Com- 
mander-in-Chief, 3rd  March,  1812.  Inspect- 
ed at  Cahokia. ' '  In  this  list  of  names  we  find 
Thomas  Cox  enrolled  as  a  private.  The  com- 
pany was  captained  at  first  by  Samuel  Judy 
and  later  by  Henry  Cook.^"^  Other  compa- 
nies in  the  detachment  were  those  of  Captain 
John  Scott  and  Captain  Jacob  Short  —  also 
from  the  Second  Regiment.  William  White- 
side was  Colonel  of  the  regiment  which  con- 
sisted of  three  battalions.  It  is  said  to  have 
been  the  St.  Clair  County  regiment. 

Why  Thomas  Cox  should  have  enlisted 
with  the  St.  Clair  County  regiment  rather 
than  in  a  Randolph  County  command  we  are 
not  informed.  It  seems  probable,  however, 
that  he  chose  the  St.  Clair  County  regiment 
because  it  afforded  opportunity  for  active 
service  sooner  than  any  other.  A  private  in 
Captain  Short's  company  of  this  same  com- 


A  SOLDIER  IN  THE  WAR  OE  1812        H 

niancL  was  Andrew  Bankson,  of  whuiii  iiieu- 
tion  will  be  made  later  in  connection  with 
events  in  the  early  history  of  lowa.^"^ 

There  is  no  evidence  that  these  companies 
had  any  active  campaigning  to  perform  dur- 
ing their  three  months'  tour.  A  few  days 
after  that  time  expired,  war  was  formally 
declared  against  England  on  June  18,  1812, 
and  the  Indians  of  Illinois  became  open  in- 
stead of  secret  allies  of  the  British.  On  the 
16th  of  August  occurred  the  humiliating 
surrender  of  Detroit  by  General  Hull;  and 
on  the  previous  day  occurred  the  massacre 
by  the  Indians  of  the  garrison  of  Fort  Dear- 
born as  that  garrison  was  leaving  the  fort 
by  order  of  General  Hull  to  join  him  at 
Detroit. 

Danger  to  southern  Illinois  was  evidently 
imminent,  and  Governor  Edwards  called  for 
the  support  of  the  militia  which  quickly  re- 
sponded. Colonel  William  Russell  marched 
from  Vincennes  with  two  small  companies 
of  United  States  Rangers  to  join  Governor 
Edwards  at  Camp  Russell.  Governor  Shel- 
b.v  had  ordered  a  force  of  two  thousand 
Kentuckians,  under  the  venerable  General 
Samuel  Hopkins,^  ^  to  assemble  at  Vincennes 
and  cofiperatc  with  a  force  wliich  Governor 


12  THOMAS   COX 

Edwards  would  lead  towards  Peoria  Lake 
to  chastise  the  hostile  Indians  there  concen- 
trated. Edwards  divided  his  force  into  two 
columns  —  one,  a  company  under  Captain 
Thomas  E.  Craig  of  Shawneetown,^*'  being 
despatched  on  two  bullet  protected  boats 
(one  of  them  carrying  a  swivel  gun)  up  the 
Illinois  River  to  Peoria  Lake  to  cooperate 
with  the  land  expedition  and  to  investigate 
reports  that  the  French  Colony  at  Peoria 
w^as  giving  aid  to  the  Indians  as  British 
sjanpathisers.  The  boats  did  not  reach  Pe- 
oria until  November  5th,  which  was  too  late 
to  be  of  service  to  the  Edwards-Russell 
column. 

In  the  reckless  bravado  of  irresponsible 
authority,  Craig,  on  slender  evidence  of  hos- 
tility, burned  half  the  French  village  and 
took  the  entire  population,  seventy-five  in 
number,  on  his  boats  as  prisoners.^ '  Among 
these  was  the  American  Indian  Agent  For- 
sythe,^^  w^ho,  for  reasons  of  state,  was  living 
among  the  French  without  disclosing  his 
office.  Another  of  the  prisoners  was  Antoine 
Le  Claire,^  ^  afterwards  government  inter- 
preter and  the  first  settler  of  Davenport, 
Iowa. 

Governor   Edwards   selected   a   mounted 


A  SOLDIER  IN  THE  WAR  OP  1812        13 

force  of  three  liundred  and  fifty  men  to  unite 
with  Colonel  Russell's  two  companies  of 
about  fifty.  He  divided  them  into  two  small 
regiments,  commanded  by  Colonels  Elias 
Rector  (his  Adjutant  General)  and  Benja- 
min Stephenson,  and  a  "spy"  or  scout  com- 
pany. The  latter,  captained  by  Major  Sam- 
uel Judy,  had  twenty-one  privates,  one  of 
whom  was  Thomas  Cox.  Captain  Henry 
Cook  and  Ensign  Samuel  Gilliam  of  Judy's 
original  company  of  the  Second  Militia  were 
also  among  the  twenty-one  privates  of  this 
little  company  of  scouts;  and  another  pri- 
vate was  John  Reynolds,  who  in  1830  became 
Governor  of  Illinois  and  served  as  such  dur- 
ing the  Black  Hawk  War.  The  intimate 
comradeship  of  service  in  this  small  band 
of  olden  time  "rough  riders"  meant  much 
to  Thomas  Cox  and  his  friends  when  John 
Reynolds  came  into  a  place  of  power.  It  was 
in  part  his  connection  with  this  command 
that  gave  to  Governor  Reynolds  in  later  life 
the  sobriquet  of  "The  Old  Ranger".-- 

The  little  army  commanded  by  Governor 
Edwards  and  Colonel  Russell  departed  from 
Camp  Russell  on  their  dangerous  mission 
October  18th.^^  Their  route  soon  led  them 
into  a  part  of  Illinois  entirely  unsettled  and 


OF   THE 

UNivERsiry 

OF 


14  THOAIAS   COX 

almost  unexplored.  They  crossed  tlie  San- 
gamon River  a  few  miles  east  of  the  site  of 
Springfield,  continued  nearly  north  to  a 
Kickapoo  village  near  where  Lincoln  now 
stands,  burned  the  village  which  had  been 
abandoned,  and  then  marched  direct  for  a 
village  of  Kickapoos  and  Pottawatamies  on 
the  east  bank  of  the  Illinois  River  at  the 
head  of  Peoria  Lake. 

Arriving  within  a  few  miles  of  the  village 
at  nightfall  they  went  into  camp,  and  Gov- 
ernor Edwards  sent  five  volunteer  spies  (one 
of  whom,  Thomas  Carlin,  afterwards  became 
Governor  of  Illinois)  to  learn  the  situation 
of  their  savage  enemy.  This,  at  considerable 
peril,  they  adroitly  accomplished,  and  re- 
ported to  the  commanding  officer  that  the 
village,  though  situated  on  a  bluff,  was  sur- 
rounded for  three  miles  by  swamps  so  wet 
and  mired  as  to  be  nearly  impassable  for 
man  or  horse. 

The  morning  broke  with  a  dense  fog  pre- 
vailing, under  cover  of  which  the  force 
moved.  Captain  Judy's  scouts  led  the  way. 
The  obscurity  of  fog  and  forest  confused 
the  guide,  who  led  them  into  swampy  thick- 
ets, the  crashing  of  which  gave  alarm  to  the 
Indians  who  had  time  to  plunge  into  the 


A  SOLDIER  IN  THE  WAR  01^^  1812        15 

swamp.  Governor  Reynolds  says :  "Instant 
pursuit  was  given,  and  in  a  short  distance 
from  the  village,  horses,  riders,  arms  and 
baggage  were  overwhelmed  in  the  morass. 
It  was  a  democratic  overthrow,  for  the  gov- 
ernor and  his  horse  shared  the  same  fate  as 
the  subaltern,  or  the  private  soldier.  We 
were  all  literally  sivamped."-^ 

Pursuit  on  foot  was  continued  with  ex- 
treme difficulty  to  the  river,  which  most  of 
the  Indians  succeeded  in  crossing.  Some  of 
the  troopers  were  wounded  in  the  charge, 
but  none  were  killed.  The  Indian  village 
was  burned,  four  prisoners  taken,  and 
eighty  horses  captured. 

Governor  Edwards  now  found  himself  in 
the  heart  of  the  enemy's  country  with  less 
than  four  hundred  men.  General  Hopkins's 
force  had  not  appeared  nor  had  it  been 
heard  from;  and  Captain  Craig  with  his 
armed  boats  and  supplies  for  the  army  had 
not  arrived  at  Peoria.  The  Governor,  there- 
fore, deemed  it  prudent  to  return  at  once. 
After  an  absence  of  thirteen  days  they 
reached  Camp  Russell  and  the  volunteers 
were  discharged. 

General  Hopkins  had  found  his  vaunted 
Kentuckians  unmanageable  and  even  muti- 


16  Tiio:\iAS  cox 

nous.  They  had  crossed  the  Wabash  a  short 
distance  above  Terre  Haute  (at  Fort  Har- 
rison commanded  by  Captain  Zachary  Tay- 
lor) and  traveled  into  the  prairies  about 
eighty  or  ninety  miles  when  the  troops, 
accusing  the  officers  of  being  misled  by 
guides,  absolutely  refused  to  brave  the  un- 
known dangers  of  trackless  plains  —  ren- 
dered more  obscure  by  prairie  fires  set  by 
the  Indians  —  and  insisted  upon  returning. 
And  this  they  proceeded  to  do  —  Generals 
Hopkins,  Ray,  Eamsey,  and  Allen  following 
meekly  in  the  rear.-^ 

The  Illinois  militia  organization  was  sub- 
ject to  numerous  changes.  The  Executive 
Register  shows  promotions  and  appoint- 
ments of  officers  with  almost  daily  regular- 
ity. From  these  it  is  learned  that  Thomas 
Cox  attained  connnissioned  rank  on  March 
24,  1813,  by  appointment  as  Ensign  and  was 
promoted  to  a  lieutenancy  on  April  19,  1814, 
in  the  Second  Regiment  of  Militia.  On  June 
3,  1818,  he  was  promoted  to  a  captaincy  in 
the  Third  Regiment.-^  This  was  after  he 
had  removed  his  residence  to  Jonesboro  in 
Union  County.  No  records  of  militia  ap- 
pointment during  the  first  years  of  the  State 
organization  of  Illinois  are  available,  but  a 


A  SOLDIER  IN  THE  WAR  OF  1812        17 

tradition  in  his  family  runs  to  the  effect  that 
Cox  was  finally  promoted  to  the  rank  of 
Lieutenant  Colonel.  Letters  in  The  Ed- 
irarcls  Papers  disclose  the  fact  that  he  was 
familiarly  known  among  his  associates  as 
"Colonel' Cox"  as  early  as  1820  — a  title 
which  clung  to  him  during  the  remainder  of 
his  life.-^ 

The  military  operations  of  1812  in  Illinois 
were  too  indecisive  to  afford  much  security 
to  settlements  exposed  to  Indian  depreda- 
tions, and  many  murders  and  robberies  oc- 
curred in  both  Missouri  and  Illinois.  Com- 
panies of  Rangers  in  small  parties  rode 
almost  constantly  from  fort  to  fort,  repair- 
ing some,  enlarging  others,  removing  fami- 
lies to  safer  posts,  and  running  down  thieves 
and  murderers.  The  general  government 
having  made  no  provision  for  the  support  of 
the  militia.  Governor  Edwards  discharged 
them  on  June  8,  1813.  At  the  same  time 
Governor  Benjamin  Howard  of  Missouri 
resigned  his  office  and  accepted  a  commis- 
sion as  Brigadier  General  in  the  government 
service.  He  organized  two  regiments  of 
Rangers,  the  First  Regiment  being  from 
Missouri  and  the  Second  Regiment  from 
Illinois. 


18  THOMAS   COX 

No  full  rosters  have  been  preserved  of 
these  commands,  but  the  Illinois  regiment 
seems  to  have  been  largely  officered  from  the 
Second  Regiment  of  the  militia.  Its  Colonel 
was  Benjamin  Stephenson,  then  Governor 
Edwards's  Adjutant  General;  its  Majors 
were  John  Moredock  and  William  B.  White- 
side, both  officers  of  the  Second  Militia  Regi- 
ment ;  and  among  its  Captains  were  Samuel 
Judy,  Samuel  Whiteside,  Nathaniel  Jour- 
ney, and  Joseph  Phillips,  of  whom  the  three 
former  were  from  the  same  regiment."*'' 

There  seems  to  be  no  information  from 
the  public  records,  nor  from  any  other 
source,  as  to  whether  or  not  Ensign  Cox  also 
joined  this  regiment  of  Rangers,  but  the  pre- 
sumption is  ver}^  strong  that  he  did.  His 
old  Captain  (Judy)  was  with  it  as  well  as 
other  associates  of  the  militia ;  and  we  may 
be  certain  that  only  considerations  of  the 
gravest  moment  would  have  kept  him  out  of 
it.  The  First,  or  Missouri  Regiment,  was 
commanded  by  Colonel  Alexander  McNair 
of  St.  Louis;  and  William  Christy  and 
Nathan  Boone  were  its  Majors.^' 

It  was  in  July  that  Fort  Madison  on  the 
west  side  of  the  Mississippi  was  besieged 
by  the  Indians.     Supplies  were  cut  off  and 


A  SOLDIER  IN  THE  WAR  OF  1812        19 

the  garrison,  hopeless  of  succor,  abandoned 
the  fort  and  escaped  by  a  covered  way  to  the 
river.  Skirmishes  with  armed  bands  of  In- 
dians occiu-red  during  August  on  the  narrow 
peninsula  between  the  Illinois  and  the  Mis- 
sissipi3i. 

The  vicinity  of  Peoria  Lake  was  a  raid- 
ing ground  for  the  hostile  tribes,  and  it  was 
determined  by  General  Howard  to  proceed 
against  them  with  his  entire  force.  The 
movement  began  on  September  16,  1813. 
The  Missouri  regiment  moved  up  the  west 
side  of  the  Mississippi  to  about  where  Quin- 
cy  now  stands,  when  they  crossed  and  joined 
Colonel  Stephenson,  who  had  been  marching 
near  the  river  on  the  east  side.  Colonel 
Nicholas  with  two  hundred  regulars  was 
sent  up  the  Illinois  River  in  boats.  The  land 
forces  kept  near  the  Mississippi  until  they 
reached  a  point  nearly  opposite  Fort  Madi- 
son, when  they  turned  directly  east  and 
arrived  at  Peoria  on  the  29th  of  September. 
Here  Colonel  Nicholas  had  already  arrived 
and  built  a  stockade.  The  following  morn- 
ing General  Howard  marched  his  troops  to 
Gomo's  village  at  the  head  of  Peoria  Lake. 
Finding  the  village  abandoned,  they  burned 
it  and  then  returned  to  Peoria  where  the 


20  THOMAS   COX 

men  were  employed  in  assisting  the  regulars 
to  construct  an  elaborate  fort  which  was 
named  Fort  Clark.  This  required  two 
weeks'  labor,  during  which  time  detach- 
ments scoured  the  country  to  the  north  and 
east,  penetrating  to  within  a  short  distance 
of  Chicago.  No  Indians  were  overtaken  dur- 
ing the  expedition,  except  a  few  driven  by 
Colonel  Nicholas  from  Peoria.  The  mounted 
troops  returned  from  Peoria  directly  south 
to  Camp  Russell,  which  they  reached  on  the 
twenty-first  day  of  October,  1813.  Hei-e 
they  were  discharged. 

In  May  of  the  following  year  (1814)  Gov- 
ernor William  Clark  of  Missouri  took  a 
force  of  two  hundred  men  on  five  barges  up 
the  river  to  Prairie  du  Chien,  where  a  small 
force  of  British  *' Mackinaw  Fencibles"  was 
driven  out.  Here  a  strong  fort  was  erected 
which  was  named  Fort  Shelby  in  honor  of 
Isaac  Shelby,  the  Governor  of  the  State  of 
Kentucky. 

The  mistake  was  made  of  leaving  only 
sixty  men  to  defend  Fort  Shelby.  In  July 
it  was  attacked  by  the  notorious  Colonel 
Robert  Dickson,  Indian  trader  and  British 
officer,  with  one  thousand  two  himdred  In- 
dians and  British  troops.    Lieutenant  Per- 


A  SOLDIER  IN  THE  WAR  OF  1812        21 

kins  after  a  gallant  defense  was  compelled 
to  surrender.  In  the  meantime  reinforce- 
ments were  on  the  way  under  Lieutenant 
Campbell  of  the  Regulars.  A  little  above 
Rock  Island  they  were  attacked  by  Black 
Hawk  with  a  large  body  of  Indians.  Their 
boats  stranded  in  shallow  water  during  a 
high  wind,  leaving  the  devoted  little  band 
exposed  to  the  fire  of  the  savages  at  close 
range.  One  of  the  boats  was  set  on  fire  by 
lighted  arrows;  but  the  well  and  wounded 
were  conveyed  to  the  other  boats,  which 
dropped  down  the  river  after  nearly  three 
hours'  fighting  in  which  one-third  of  the 
force  was  killed  or  wounded.  It  is  from  this 
bitter  conflict  that  Campbell's  Island  in  the 
UpiDer  Rapids  of  the  Mississippi  takes  its 
name. 

Major  Zachary  Taylor  was  immediately 
sent  with  a  force  of  three  hundred  and 
thirty-four  men  in  keel  boats  to  punish  the 
audacious  Black  Hawk.  Taylor  found  his 
foT'ce  insufficient.  Severe  fighting  occurred 
on  small  islands  near  the  mouth  of  Rock 
River,  in  which  the  American  loss  was 
three  killed  and  eight  wounded.  It  was  dis- 
covered that  the  Indians  had  the  aid  of 
English  troops  and  artillery,  by  which  one 


22  THOMAS  COX 

of  the  boats  was  badly  shattered.  A  coun- 
cil of  war  advised  retreat,  which  w^as  safely 
accomplished. 

Sporadic  cases  of  Indian  hostility  con- 
tinued to  occur,  although  more  on  the  Mis- 
souri side  of  the  river  than  on  the  Illinois 
side.  It  was  not  until  1815,  after  the  treaty 
of  Ghent  had  been  promulgated,  that  a 
treaty  was  signed  with  the  Sacs  at  Portage 
des  Sioux  near  the  mouth  of  the  Illinois 
which  gave  comparative  peace  to  the  bor- 
ders. 

It  is  difficult  to  learn  what  part,  if  any, 
Thomas  Cox  took  in  the  active  operations  of 
the  last  three  years  of  the  war.  He  was  an 
officer  in  the  militia  and  ready  for  any  duty 
to  which  he  might  be  called.  Moreover,  a 
tradition  in  his  family  credits  him  with  hav- 
ing carried  despatches  at  some  time  during 
the  war  from  General  W.  H.  Harrison  to 
the  headquarters  of  the  army  at  Marietta, 
Ohio.^^  None  of  the  known  facts  of  his  ca- 
reer seem  to  verify  this  tradition;  but  that 
he  miglit  have  carried  despatches  from  Gov- 
ernor Edwards  to  General  Harrison  and  re- 
turned with  the  General's  replies  appears 
probable.  Cox  was  a  young  officer,  brave 
and  intelligent,  and  a  prime  favorite  witli 


A  SOLDIER  IN  THE  WAR  OF  1812        23 

Governor  Edwards.  He  was  also  an  accom- 
plished horseman,  of  commanding  physique, 
genial  manners,  and  striking  personality  — 
an  ideal  aid-de-camp  for  errands  involving 
diplomacy  as  well  as  extraordinary  peril.  It 
is  this  period  of  his  life  at  which  the  portrait 
accompanying  this  volume  as  frontispiece 
represents  him.^* 


Ill 

A  Membek  of  the  Illinois  Legislatuke 

Other  activities  engaged  the  attention  of 
Thomas  Cox  in  the  intervals  of  the  war 
period  when  he  was  not  engaged  in  military 
duties.  His  father  lost  his  life  by  drowning 
some  time  during  the  War  of  1812.  He  was 
crossing  a  swollen  stream  on  horseback,  and, 
upon  the  advice  of  a  companion,  took  his 
feet  out  of  the  stirrups,  with  the  result  that 
he  was  swept  from  his  seat  in  midstream  .^^ 
Thomas  was  the  oldest  son,  and  in  him  fam- 
ily ties  were  very  strong.  His  widowed 
mother  and  his  sisters  and  brother  were 
throughout  life  objects  of  his  tenderest  care 
and  solicitude  —  in  all  his  changes  of  resi- 
dence they  were  either  part  of  his  family  or 
his  near  neighbors. 

It  was  about  the  time  of  the  war  tliat 
Thomas  Cox  began  to  put  into  practice  his 
studies  in  land  surveying.  Some  work  in 
that  profession  led  him  to  the  west  side  of 
the   Mississippi,   in   southeastern   Missouri 


MEMBER  OF  ILLINOIS  LEGISLATURE    25 

and  northeast eru  Arkansas,  where  lie  ex- 
plored the  strangely  altered  country  about 
New  Madrid.  The  great  earthquake  of  1811 
which  depressed  large  areas  in  that  pan- 
handle of  Missouri  and  formed  lakes  and 
swamps  over  what  was  previously  dry  land 
had  also  been  severely  felt  around  his  home 
at  Kaskaskia. 

The  ancient  French  village  of  Ste.  Gene- 
vieve, just  across  the  Mississippi,  proved  to 
be  an  attractive  place  for  the  young  soldier 
to  visit.  After  the  Louisiana  Purchase  had 
transferred  the  west  side  of  the  Mississippi 
to  American  control  Ste.  Genevieve  became 
for  some  time  an  important  political  center. 
George  W.  Jones,  a  young  Kentucky  gradu- 
ate of  Transylvania  University,  went  there 
and  began  a  public  career  that  led  to  the 
United  States  Senate  after  he  had  become 
an  Iowa  pioneer.  Henry  Dodge,  who  became 
successively  General,  Governor,  and  United 
States  Senator  in  Wisconsin,  was  likewise 
one  of  the  first  American  settlers  in  Ste. 
Genevieve.  Nathaniel  Pope,  as  pointed  out 
above,  had  as  a  young  lawyer  lived  at  Ste. 
Genevieve  prior  to  his  appointment  as  Sec- 
retary of  the  Illinois  Territory. 

The  I'cstless,  enterprising  New  England- 


26  THOMAS   COX 

ers  also  sent  contingents  to  redeem  the 
Louisiana  Purchase  from  both  savages  and 
Latins,  and  some  of  these  chose  the  gateway 
of  Ste.  Genevieve.  Among  them  was  one 
Daniel  Bartlett  from  Rhode  Island,  born  of 
old  colonial  stock  at  Cumberland  Hill  seven 
miles  from  Providence.  He  fought  at  Bun- 
ker Hill;  was  then  drafted  into  the  new 
navy;  and  served  in  several  cruises  with 
Paul  Jones.  His  wife,  Phoebe  Arnold,  came 
from  a  Ehode  Island  Quaker  family.^  ^  It 
became  an  ardent  desire  with  him  to  remove 
to  a  warmer  climate  and  so  he  sold  his  farm 
with  the  intention  of  settling  in  the  South 
and  raising  cotton. 

About  the  year  1809  he  started  for  the 
West,  passing  through  Pittsburg  and  Mari- 
etta where  he  was  urged  to  remain  and 
invest  in  land.  Cincinnati  had  just  been  laid 
out  as  a  city;  but  he  continued  his  journey 
to  Ste.  Genevieve  and  purchased  a  French 
grant  of  five  hundred  acres  of  land  on  the 
Isle  Bois  River  near  the  town.  Mrs.  Bart- 
lett died  soon  after  their  arrival  at  Ste. 
Genevieve. 

The  Bartlett  farm  on  the  Isle  Bois  was 
the  goal  of  Lieutenant  Cox's  frequent  vis- 
its to  the  ancient  French  town  across  the 


MEMBER  OP  ILLINOIS  LEGISLATURE    27 

river  —  the  magnet  which  drew  him  there 
being  Miss  Roba  Bartlett,  the  fourth  child 
and  second  daughter  of  the  house.^^  They 
were  married  in  1815.  For  a  time  they  en- 
gaged in  hotel  keeping  at  Kaskaskia,^^  but 
soon  afterward  removed  to  Jonesboro,  about 
fifty  miles  southeast  of  Kaskaskia.  Jones- 
boro was  in  what  was  then  a  part  of  Johnson 
County;  but  early  in  1818  it  became  the 
county  seat  of  the  newly  organized  county 
of  Union.  Here  their  oldest  child  Daniel 
was  born  in  September,  1816.^^ 

Among  the  first  appointments  made  by 
Governor  Edwards  after  the  organization  of 
Union  County  became  effective  was  that  of 
Thomas  Cox  as  Justice  of  the  Peace,  April 
8,  1818.^^  In  July  of  the  same  year  a  con- 
vention met  at  Kaskaskia  to  frame  a  Con- 
stitution for  the  State  of  Illinois  in  compli- 
ance with  an  enabling  act  which  the  efforts 
of  Nathaniel  Pope,  the  Territorial  Delegate, 
had  secured  from  Congress.  The  Conven- 
tion concluded  its  labors  on  August  26th; 
and  on  December  3,  1818,  Illinois  was  form- 
ally admitted  into  the  Union  by  resolution 
of  Congress  as  the  eighth  new  State. 

In  the  election  of  State  officers  and  A  leg- 
islature  to   sot    in   motion   the   new    State 


28  THOMAS  COX 

government  Thomas  Cox  presented  himself 
as  a  candidate  for  the  office  of  Senator  from 
Union  Count}^  and  was  elected.  Shadrach 
Bond,  a  native  of  Maryland,  was  elected 
Governor  at  this  election,  practically  with- 
out opposition;  and  Pierre  Menard,  a 
French  Canadian  merchant  of  Kaskaskia, 
was  chosen  Lieutenant  Governor. 

The  first  General  Assembly  of  the  State 
of  Illinois,  composed  of  thirteen  Senators 
and  twenty-five  Representatives,  convened 
at  Kaskaskia  on  October  5,  1818.  Governor 
Bond  was  inaugurated  on  October  6th.  The 
legislature  seems  to  have  proceeded  to  busi- 
ness at  once,  without  waiting  for  a  formal 
resolution  by  Congress  as  to  the  admission 
of  the  State. 

On  December  4th  (the  day  after  that  ad- 
mission but  before  the  news  could  possibly 
have  reached  Illinois)  the  legislature  pro- 
ceeded to  the  election  of  United  States  Sen- 
ators by  joint  ballot.  Ninian  Edwards  was 
elected  with  but  little  opposition,  and  Terri- 
torial Judge  Jesse  Burgess  Thomas  of 
Cahokia  was  chosen  to  accompany  him. 
Judge  Thomas  drew  the  long  or  full  term, 
and  Governor  Edwards  the  short  term  which 
expired  March  3,  1819.     This  necessitated 


MEMBER  OF  ILLINOIS  LEGISLATURE    29 

another  election  for  the  full  term  at  the  sec- 
ond session  of  the  same  legislature,  which 
convened  January  4, 1819.  The  election  took 
place  on  February  8,  1819,  while  Edwards 
was  absent  in  Washington. 

A  very  active  opposition  to  Edwards  had 
developed;  and  Colonel  Michael  Jones,  a 
State  Senator  from  Shawneetown,  appeared 
as  a  candidate.  As  a  desperate  scheme  to 
accomplish  the  defeat  of  Edwards,  a  propo- 
sition was  made  to  divide  the  State  into  two 
Senatorial  districts  by  the  line  of  the  Third 
Principal  Meridian  —  which  only  failed  in 
the  House  by  the  close  vote  of  twelve  to  fif- 
teen.^*' Colonel  Cox  was  an  ardent  partisan 
for  Edwards,  and  a  letter  written  by  him  to 
the  Governor  reads  as  follows  :^^ 

Kaskaskia,  February  8th,  1819, 
Sir :  —  You  are  re-elected  to  the  United  States 
Senate  for  six  years,  which  has  completely  placed  you 
out  of  the  reach  of  your  enemies.  Col.  Jones  was 
your  opponent.  He  got  19  votes  and  you  23.  There 
has  been  more  trickery  and  intrigue  made  use  of 
than  you  have  any  idea  of.  I  suppose  that  some  of 
your  friends  will  give  you  the  particulars  of  what  has 
transpired.  If  they  do  not,  you  will  hear  it  when 
you  come  home.  I  wish  that  you  could  see  a  letter  1 
received  from  the  honorable  senator  [John  McFerron] 
from  this  countv  a  few  minutes  before  the  election 


30  THOMAS   COX 

came  on  yesterday.  He  protested  against  me  having 
a  seat  in  the  Legislature  because  I  would  not  vote  for 
Jones,  for  which  I  intend  to  impeach  him.  Your 
friend  Kitchell  has  done  his  D st  to  keep  you  out. 

I  write  you  in  great  haste,  mostly  to  let  you  know 
that  you  were  re-elected  again.  There  is  a  great  many 
of  them  that  appear  to  die  very  hard  deaths.  I  wish 
I  was  with  you  one  hour,  just  to  give  you  a  historj^  of 
matters  and  things.     I  write  in  great  haste. 

Your  friend  and  humble  servant, 

Thomas  Cox. 

P.  S.  The  objections  to  you  are  these:  That  you 
will  get  all  those  old  land  claims,  that  were  rejected 
by  Jones,  confirmed;  and  that  you  are  opposed  to  the 
donation  of  land  that  the  Legislature  has  petitioned 
Congress  for.^* 

An  important  ]3roblem  left  b}^  the  Consti- 
tutional Convention  for  the  First  General 
Assembly  to  settle  was  the  relocation  of  the 
State  capital.  A  mania  for  land  speculation 
was  universal,  and  it  was  believed  that  for- 
tunes might  be  made  by  building  a  new  town. 
The  Convention  therefore  provided  that  the 
first  legislature  should  ^'petition  Congress 
for  a  grant  to  the  State  of  four  sections  of 
land  for  the  seat  of  government" ;  and  if  the 
prayer  was  granted,  a  town  should  be  laid 
out  thereon  which  should  remain  the  capital 
of  the  State  for  twentv  vears.    The  land  was 


I\IEMBER  OF  ILLINOIS  LEGISLATURE    31 

to  be  situated  on  the  Kaskaskia  River,  pref- 
erably east  of  the  Third.  Principal  Meridian. 

Carlyle  on  the  Kaskaskia  and  Pope's 
Bluff  higher  up  the  river  were  the  first  com- 
petitors for  the  location.  Then  came  a  hun- 
ter who  declared  that  "Pope's  Bluff  and 
Carlyle  wasn't  a  primin'  to  his  bluff".  And 
they  were  not.  His  cabin  was  located  on  a 
commanding  site  still  farther  up  the  river, 
and  the  commissioners  were  so  pleased  with 
the  beauty  of  this  spot  that  they  were  not 
long  in  deciding  that  it  should  be  the  loca- 
tion of  the  future  capital.  Tradition  has  it 
that  a  wag  imposed  upon  the  lack  of  classical 
lore  in  the  backwoods  commissioners  by  urg- 
ing that  the  name  of  Vandalia  would  pre- 
serve the  memory  of  the  Vandals,  an  extinct 
tribe  of  Indians  who  once  inhabited  the  lo- 
cality, and  the  commissioners,  well  pleased 
with  the  euphonious  S3"llables,  adopted  it. 

Just  what  part  Colonel  Cox  as  a  member 
of  the  legislature  had  in  this  contest  and  de- 
cision is  not  knoT\Ti ;  but  by  one  of  the  curi- 
ous coincidences  with  which  his  life  seemed 
to  abound  it  happened  that  twenty  years 
later,  in  the  first  Territorial  Assembly  of 
Iowa  of  which  he  was  a  member,  a  contest 
over  the  location  of  the  seat  of  government 


32  THOMAS  COX 

arose  and  by  a  compromise  exactly  the  same 
solution  of  the  problem  was  reached  as  in 
Illinois:  a  site  on  government  land  was  se- 
lected and  a  town  built  de  novo.  Colonel  Cox 
was  largely  responsible  for  the  solution  in 
Iowa,  and  we  can  readily  conjecture  that  its 
suggestion  was  a  reminiscence  rather  than 
an  inspiration. 

Pro-slavery  sentiment  was  almost  univer- 
sal in  that  first  Assembly  of  Illinois,  the 
members  being  with  few  exceptions  South- 
ern born.  Many  of  them  had  brought  slaves 
into  the  Territory,  and  still  held  them  under 
a  qualified  condition  that  bound  the  negroes 
to  service  for  a  term  of  years.  It  was  not 
difficult,  therefore,  to  pass  very  stringent 
** Black  laws"  which  restricted  the  liberties 
of  the  colored  people  in  the  most  degrading 
ways.  Nor  were  all  these  laws  repealed  un- 
til after  the  Civil  War. 

In  1824  the  question  of  calling  a  conven- 
tion to  amend  the  Constitution  so  as  to  per- 
mit slavery  was  submitted  to  the  people. 
The  proposition  obtained  a  two-thirds  ma- 
jority in  the  legislature  of  1823,  and  its 
friends  had  no  doubt  of  its  success  before 
the  people  —  incensed  as  they  were  by  the 
attempt  in  Congress  to  refuse  admission  to 


.MEMBER  OP'  ILLINOIS  LEGISLATURE    33 

Missomi  as  a  slave  State  wMcli  had  just 
ended  in  the  Missouri  Compromise  of  1820. 
Colonel  Cox  appears  as  a  conspicuous  ad- 
vocate of  the  convention.^^  It  is  a  remarka- 
ble fact  that  the  strongest  leader  of  the  free 
State  forces  was  Governor  Edward  Coles,  a 
Virginian,  and  that  Ninian  Edwards  and  his 
son-in-law,  Daniel  P.  Cook,  both  Kentuck- 
ians,  did  not  favor  the  convention.  An 
ardent  partisan  in  its  favor  was  Elias  Kent 
Kane,  a  New  Yorker  who  afterwards  be- 
came a  United  States  Senator.  The  leader 
of  the  slavery  party  was  United  States 
Senator  Jesse  Burgess  Thomas,  a  Mary- 
lander,  who  was  a  colleague  of  Ninian  Ed- 
wards. The  contest  was  prosecuted  with 
fiery  zeal  and  energy  on  both  sides  for  more 
than  a  year,  but  at  the  election  the  conven- 
tion was  defeated,  4,972  votes  being  cast  in 
its  favor  and  6,640  against  it. 


IV 


Register  of  the  United  States  Land 
Office 

The  regulations  first  adopted  by  the  govern- 
ment  for  the  sale  of  public  lands  proved  a 
strong  stimulus  to  speculation.  Previous  to 
1819  the  minimum  price  was  two  dollars  per 
acre,  payable  one-fourth  in  cash  and  the 
residue  in  three  installments  at  the  end  of 
the  second,  third,  and  fourth  years.^**  This 
induced  every  settler  who  could  command 
$80  (the  cash  pajmient  on  160  acres)  to  be- 
come a  quasi  land  holder  and  a  debtor  to  the 
govermiient. 

When  financial  revulsions  came,  as  they 
did  in  1819  following  the  close  of  the  War 
of  1812,  great  embarrassment  ensued  to 
those  who  owed  more  than  they  owned  and 
great  losses  came  to  many  of  the  eager 
speculators.  These  considerations  brought 
about  a  change  in  the  law  by  which  the  price 
of  land  was  reduced  to  $1.25  per  acre  and 
the  credit  svstem  abolished.''^ 


REGISTEPv  OF  LAND  OFP^ICE  :]:) 

Under  the  old  system  and  under  the  new 
Colonel  Cox  became  a  heavy  speculator  in 
lands.  The  knowledge  which  he  obtained  in 
his  surveying  tours  gave  him  unusual  oppor- 
tunities for  selection ;  and  at  different  times 
he  acquired  properties  in  southeastern  Mis- 
souri and  northeastern  Arkansas  in  the  re- 
gion of  the  ' '  sunken  lands ' '  and  in  southern 
Illinois.  About  1821  he  extended  his  opera- 
tions into  the  region  of  central  Illinois,  over 
which  he  had  ridden  as  a  scout  in  1813.  A 
new  county  had  been  created  b}'  the  name  of 
Sangamon,  which  included  all  of  Illinois 
north  of  Madison  and  Green  counties.  The 
county  seat,  called  Springfield,  liad  been 
tentatively  located  at  a  little  hamlet  near 
the  Sangamon  River. 

At  the  time  of  this  location  (June,  1821) 
nine  families  lived  there  in  log  huts.  A  new 
United  States  land  district  was  also  formed, 
to  be  called  the  Springfield  District,  and  it 
became  necessary  for  the  President  to  ap- 
point a  Register  and  a  Receiver.  For  one  of 
these  offices  Senator  Ninian  Edwards  recom- 
mended Colonel  Cox.  Among  The  Edivards 
Papers  a  letter  from  President  James  Mon- 
roe relating  to  this  appointment  reads  as 
follows :  ^^ 


36  THOMAS   COK 

Confidential  Jany  23,  1823 

Dear  Sir : —  On  further  consideration  I  think  that 
it  will  be  best,  to  withdraw  the  nomination  of  Mr. 
Cox  and  Mr.  Enos,  and  to  change  the  order  for  that 
first  proposed  by  you,  by  nominating  Col,  Cox  as 
Register,  and  Mr.  Enos  as  the  Receiver.  Should  the 
nominations  be  taken  up  be  so  kind  as  to  have  them 
postponed  for  this  purpose,  tho'  it  will  be  bettor,  to 
say  nothing  as  to  the  motive. 

Very  Sincerely  Yours 

James  Monroe 
Covernor  Edwards,  of  the  Senate. 

Colonel  Cox's  commission  as  Register  of 
the  United  States  Land  Office  at  Spring- 
field was  dated  January  28,  1823.^"^  The 
Receiver  appointed  at  the  same  time  was 
Pascal  P.  Enos,  a  Connecticut  man  who, 
having  removed  to  Cincinnati  in  1815  and 
afterwards  to  St.  Charles  and  St.  Louis,  had 
come  in  1821  to  Madison  County,  Illinois, 
and  located  near  Edwardsville.  He  obtained 
the  appointment  at  the  solicitation  of  the 
Vermont  delegation  in  Congress.  In  Sep- 
tember, 1823,  the  Receiver  removed  with  his 
family  to  Springfield.^^  Colonel  Cox,  how- 
ever, had  established  his  home  there  some- 
time in  the  year  1822.  There  was  no  town 
site  laid  out  at  Springfield  until  the  land 
officers  entered  upon  their  duties  and  the 


REGISTER  OF  LAND  OFFICE  37 

land  came  into  market  and  government  titles 
could  be  given. 

Among  those  whom  Colonel  Cox  found  at 
Springfield  on  his  arrival  was  Elijah  lies,  a 
Kentuckian  who  had  been  living  in  Missouri 
where  he  had  made  some  profitable  land 
deals.  In  June,  1821,  he  had  removed  to 
Springfield  and  opened  a  store  in  a  little  log 
hut. 

Early  in  1822  Elijah  Iles,^''  Daniel  P. 
Cook,  Thomas  Cox,  and  Pascal  P.  Enos  pre- 
empted four  quarter  sections  and  laid  them 
out  in  town  lots.  They  were  the  southwest 
quarter  of  section  twenty-seven,  the  south- 
east quarter  of  twenty-eight,  the  noi'theast 
quarter  of  thirty-three,  and  the  northwest 
quarter  of  thirty-four  in  township  sixteen 
noi'th,  range  five,  west  of  the  Third  Princi- 
|)al  Meridian  —  being  the  northeast  part  of 
the  present  city  of  Springfield,  em])racinj;- 
the  State  House  site.  These  proprietors 
were  all  ardent  admirers  of  John  C.  Cal- 
houn, then  a  member  of  Monroe's  Cabinet; 
and  so  they  resolved  to  change  tlie  name  of 
tlie  place  from  Springfield  to  Calhoun.  But 
the  change  was  not  satisfactory  to  the  people 
of  the  town.  Calhoun  having  become  very 
unpopular  on  account  of  his  stand  on  the 


38  THOMAS   COX 

nullification  question,  the  new  name  was 
soon  dropped;  and  to-day  few  people  are 
aware  that  the  capital  city  of  Illinois  bore 
his  name  for  a  short  time,  notwithstanding 
the  fact  that  land  conveyances  in  that  part 
of  the  city  still  perpetuate  the  name/^  The 
title  to  the  entire  town  site  of  Calhoun  was 
taken  ^'by  agreement"  in  the  names  of 
Elijah  lies  and  P.  P.  Enos,  for  some  reason 
not  disclosed  in  the  records/^ 

In  1825  the  legislature  appointed  three 
commissioners  to  locate  permanently  the 
county  seat  of  Sangamon  County.  This 
opened  the  location  to  a  competition  in 
which  Springfield  was  not  wholly  a  favorite. 
As  a  final  inducement  the  town  site  proprie- 
tors gave  to  the  county  forty-two  acres  of 
land,  being  parts  of  sections  thirty-four  and 
twenty-seven  and  including  the  present  site 
of  the  State  House.  The  portion  of  this  do- 
nation not  reserved  for  public  purposes  was 
laid  off  into  lots  and  sold  at  public  auction 
on  May  2,  1825.  The  report  of  these  sales 
shows  that  Thomas  Cox  purchased  for  him- 
self Lot  1,  Block  23,  for  the  very  modest 
sum  of  fourteen  dollars.^ ^ 

Some  time  during  his  term  of  office  as 
Register  of  the  Land  Office  it  appears  that 


REGISTER  OF  LAND  OFFICE  39 

Cox  opened  a  hotel,  which  he  continued  af- 
ter his  service  in  that  office  closed  on  Jan- 
uary 5, 1827.  Dr.  John  Todd  was  appointed 
to  succeed  him  as  Register.^^  The  extensive 
land  speculations  in  which  Colonel  Cox  had 
engaged  for  several  years,  together  with  un- 
wise endorsements  for  friends  into  which 
his  generous  nature  had  led  him,  culminated 
in  financial  embarrassments  from  which  he 
was  unable  to  free  himself.  Most  of  his 
property  passed  out  of  his  hands  by  legal 
proceedings  and  otherwise  —  Governor  Nin- 
ian  Edwards  being  a  creditor  who  pressed 
his  claims  in  the  courts.^ "^  In  the  career  of 
Colonel  Cox  this  was  a  period  of  great  gloom 
and  despondency,  which  sapped  his  energy 
and  almost  destroyed  his  ambition. 


The  Outbreak  of  the  Black  Hawk  War 

In  1827  an  outbreak  of  Winnebago  Indians 
about  Prairie  du  Chien  and  at  the  same  time 
an  attack  under  Black  Hawk  upon  boats 
descending  the  river  at  Wabasha  caused 
alarm  at  the  State  capital  of  Illinois.  Gov- 
ernor Edwards  organized  a  regiment  of  cav- 
ahy  to  proceed  to  the  north  for  protection 
of  the  settlers.  The  strained  relations  then 
existing  between  Governor  Edwards  and 
Colonel  Cox  prevented  the  latter  from  ap- 
plying for  service;  but  his  brother-in-law, 
Edward  Mitchell/^  became  a  Captain  in  the 
regiment,  and  his  friend,  Elijah  lies,  was  ap- 
pointed as  Major.  Thomas  M.  Neale,  a  civil 
engineer  who  had  laid  out  into  town  lots  the 
land  given  by  Cox  and  his  associates,  was  its 
Colonel.  Andrew  Bankson  was  another 
Captain  in  the  regiment ;  and  James  D.  Hen- 
ry, then  Sheriff  of  Sangamon  County  and 
afterwards  the  distinguished  general  in  the 
BhK^k  Hawk  War,  was  its  Adjutant.     The 


OUTBREAK  OF  BLACK  HAWK  WAR      41 

Indiau  disturbances  soon  quieted  and  the 
regiment  saw  little  service. 

This  was  a  period  of  great  interest  and 
excitement  in  regard  to  the  lead  mines 
around  Galena  and  in  what  was  then  south- 
western Micliigan  Territory.  About  182 G 
and  1827  the  furore  in  Sangamon  County 
and  all  southern  Illinois  approached  in 
intensity  the  California  gold  fever  of  1849 
and  1850.^-  Some  of  those  who  removed  from 
Springfield  to  the  lead  mines  in  1827  w^ere 
closely  connected  XDolitically  and  socially 
with  Colonel  Cox.  Among  them  were  Eben- 
ezer  Brigham,  who  located  at  the  Blue 
Mounds  (now  in  Dane  Coimty,  Wisconsin) 
and  William  S.  Hamilton,  a  son  of  Alexan- 
der Hamilton.  The  latter  established  Ham- 
ilton's Diggings  in  what  is  now  Lafayette 
County,  Wisconsin.  Both  of  these  gentle- 
men became  prominent  as  public  men  and 
soldiers  in  the  earh^  history  of  Wisconsin. 
Other  acquaintances  from  Ste.  Genevieve 
who  located  in  the  lead  mining  country  about 
tliis  time  were  Henry  Dodge  and  George 
W.  Jones,  both  of  whom  ultimately  became 
United  States  Senators. 

Early  in  1831  troubles  began  with  Black 
Hawk  and  his  '* British  Band"  of  Sac  and 


42  THOMAS   COX 

Fox  Indians.  Tliey  repudiated  the  treaty 
made  at  St.  Louis  in  1804  and  threatened  to 
reoccupy  their  old  hunting  grounds  on  Rock 
River.  The  settlers  in  the  vicinity  of  that 
river,  becoming  greatly  alarmed  and  indig- 
nant, sent  urgent  complaints  to  Governor 
John  Reynolds,  the  "Old  Ranger"  who  had 
taken  office  in  1830.  He  in  turn  applied  to 
the  Indian  Agents  at  Rock  Island  and  to 
General  Edmund  P.  Gaines,  conmianding 
the  Western  Department  of  the  United 
States  Army.  Failing  to  receive  as  prompt 
response  as  he  deemed  the  urgency  of  the  oc- 
casion required,  Governor  Reynolds  on  the 
26th  of  May  called  out  the  militia  to  the 
nmiiber  of  seven  hundred,  with  instructions 
to  rendezvous  at  Beardstown  on  June  10, 
1831.  And  of  these  orders  General  Gaines 
and  General  William  Clark,  Superintendent 
of  Indian  Affairs  at  St.  Louis,  were  noti- 
fied.^' 

General  Gaines  proceeded  at  once  to  Fort 
Armstrong  (on  Rock  Island)  and  after  an 
luisatisfactory  talk  with  Black  Hawk  and 
his  braves  ordered  the  Illinois  militia  to  join 
him.  That  force  was  enlisted  from  those 
counties  only  which  were  closely  adjacent  to 
Beardstown,  and  it  formed  a  brigade  of  two 


OUTBREAK  OF  BLACK  HAWK  WAR      43 

regiments  and  a  spy  battalion.  Joseph  Dun- 
can, afterwards  Governor  of  Illinois,  was 
made  Brigadier  General  and  placed  in  com- 
mand of  the  brigade.  Samuel  Whiteside, 
who  had  served  in  the  War  of  1812,  was 
Major  of  the  spy  battalion,  and  William  B. 
Whiteside  was  one  of  its  Captains.  James 
D.  Henry  was  Colonel  and  Thomas  Carlin 
a  Captain  in  the  First  Regiment. 

A  demonstration  by  the  military  force 
soon  brought  the  recalcitrant  savages  to 
terms,  and  the}^  signed  a  treaty  agreeing  to 
remain  on  the  west  side  of  the  Mississippi 
River  and  "to  abandon  all  communication, 
and  cease  to  hold  any  intercourse  with  any 
British  post,  garrison,  or  town;  and  never 
again  to  admit  among  them  any  agent  or 
trader  who  shall  not  have  derived  his 
authority  to  hold  commercial  or  other  inter- 
course mth  them  by  license  from  the  Presi- 
dent of  the  United  States  or  his  authorized 
agent. ' '  "^  The  militia  forces  returned  to 
their  respective  counties  and  were  imme- 
diately disbanded. 

The  treaty  proved  to  be  merely  a  truce. 
In  the  following  April  (1832)'  General 
Henry  Atkinson,  who  had  succeeded  Gen- 
oral  (Jaines   in  couuuand   of  the  Western 


44  THOMAS   COX 

Department,  proceeded  under  orders  from 
A¥asliington  to  Fort  Armstrong  with  six 
companies  of  infantry.  Before  arriving 
there  he  learned  that  Black  Hawk  in  de- 
fiance of  his  treaty  had  crossed  the  Missis- 
sippi with  five  hundred  warriors. 

Atkinson  demanded  of  Keokuk  and  Wa- 
pello, the  Sac  Chiefs,  that  the  invaders  be 
ordered  back.  Upon  their  acknowledging 
their  lack  of  power  to  control  Black  Hawk 
and  his  band,  the  General  dispatched  a  let- 
ter to  Governor  Reynolds  asking  the  assist- 
ance of  the  militia,  notified  the  lead  mines 
district  of  their  danger,  and  called  for  rein- 
forcements from  Fort  Crawford.  Two  com- 
panies came  at  once,  with  Lieutenant  Colonel 
Zachar}^  Taylor  at  their  head.  Other  officers 
of  the  Regulars  who  served  during  the  strife 
which  ensued  and  whose  names  have  become 
familiar  from  their  subsequent  careers 
were :  Lieutenant  Jefferson  Davis,  Aid  to 
Colonel  Tajdor;  Lieutenant  Albert  Sidney 
Johnston,  Adjutant  at  General  Atkinson's 
headquarters;  Lieutenant  Colonel  David  E. 
Twiggs :  Captains  William  S.  Harney,  E.  A. 
Hitchcock,  and  R.  B.  Mason;  Lieutenants 
Robert  Anderson,  J.  J.  Abercrombie,  and  P. 
St.  George  Cooke. 


OUTBREAK  OP  BI.ACK  HAWK  WAR      45 

Governor  Reynolds  assembled  the  militia 
promptly  at  Beardstown  and  on  the  29th  of 
April  was  ready  to  march  with  four  regi- 
ments of  moimted  volunteers,  two  spy  bat- 
talions, and  a  battalion  of  infantry.  The 
latter  was  sent  by  boat  to  guard  the  military 
stores.  The  mounted  men  by  hard  marching- 
reported  to  General  Atkinson  at  Rock  Is- 
land on  the  6th  of  May. 

As  commander-in-chief  Governor  Rej'- 
nolds  accompanied  the  militia  and  formed  it 
into  a  brigade  organization  under  Samuel 
Whiteside,  who  was  promoted  to  the  position 
of  Brigadier  General.  This  brigade  was  all 
from  the  south  and  central  part  of  the  State, 
but  other  detached  companies  were  formed 
in  Galena,  Chicago,  and  other  northern 
counties.  Sangamon  sent  three  mounted 
companies  and  the  infantry  battalion  of 
three  companies;  and  it  was  one  of  these 
mounted  companies  that  chose  as  its  Captain 
a  young  lawyer  by  the  name  of  Abraham 
Lincoln. 

The  first  campaign  of  the  raw,  undisci- 
plined militia  was  far  from  successful.  Ma- 
jor Stillman's  battalion  had  an  ignominous 
experience,  preserved  in  memory  by  confer- 
ring the  name  of  Stillman's  Run  upon  the 


46  Tno:\rAS  cox 

little  stream  on  which  it  occurred.  Black 
Hawk  moved  rapidly  up  Rock  River  Valley 
across  the  State  line,  perpetrating  several 
massacres  of  helpless  settlers  on  the  way. 
General  Whiteside,  a  brave  and  ever  reck- 
less fighter,  proved  inefficient  for  a  large 
command.  And  the  volunteers,  enlisted  has- 
tily for  a  short  emergency,  demanded 
discharge  that  their  spring  crops  might  be 
attended  to.  Governor  Reynolds  yielded  to 
the  demand,  issued  a  call  for  a  new  army  to 
be  formed,  and  mustered  out  on  the  27th  of 
May  all  who  had  formed  Whiteside's  brig- 
ade. To  bridge  over  the  interval  he  called 
for  volunteers  for  twenty  days. 

Enough  men  responded  to  make  six  com- 
panies, the  flower  of  the  first  army.  They 
were  formed  into  a  regiment  over  which 
Jacob  Fry  was  placed  as  Colonel  and  James 
D.  Henry  as  Lieutenant  Colonel.  The  Cap- 
tain of  one  of  these  companies  was  Eli- 
jah lies,  who  had  been  Colonel  Cox's  partner 
in  the  Springfield  town  site ;  and  among  the 
privates  who  enlisted  in  his  company  for  the 
pressing  emergency  which  came  upon  them 
were  Samuel  Whiteside  and  Abraham  Lin- 
coln —  who  had  been  mustered  out  as  Briga- 
dier General  and  Captain,  respectively. 


OrTBREAK  OF  BT.AC^K  HAWK  WAK       47 

Captain  Iles's  company  spent  nearly  alJ 
of  its  twenty  days'  service  in  a  dangerous 
and  arduous  march  to  Galena  and  back  to 
reopen  communications  interrupted  hy  sl 
bloody  raid  of  Indians  upon  Kellogg 's  Grove 
and  Apple  River.  At  the  expiration  of  the 
twent^v  days,  Colonel  Fry's  regiment,  almost 
to  a  man,  reenlisted  in  the  regular  levies. 
Abraham  Lincoln  as  a  private  joined  the 
company  of  Captain  Jacob  M.  Early  of 
Springfield;  and  several  other  ex-captains, 
majors,  and  minor  officers  completed  their 
service  as  privates.  The  new  enlistments 
came  forward  rapidly  and  formed  three 
l)rigades,  containing  in  all  ten  regiments  and 
three  spy  battalions  —  all  mounted. 

When  the  time  came  to  select  the  field  of- 
ficers for  his  new  regiments,  the  thoughts  of 
''Old  Ranger"  Reynolds  turned  to  his  old 
comrade  of  Captain  Judy's  little  company 
of  scouts  in  the  War  of  1812.  Thomas  Cox 
had  now  arrived  at  an  age  to  be  exempt  from 
military  duty,  but  his  known  zeal  and  skill 
in  tactics,  the  high  rank  he  had  previously 
attained  in  the  militia,  his  vigor  and  force- 
fulness,  marked  him  as  one  well  fitted  to 
serve  the  State  in  command  of  a  regiment; 
and  so  the  Governor  proffered  him  a  colon- 


48  THOMAS   COX 

elcy. •"'•'''  He  declined  to  accept  the  flattering 
offer.  His  reasons  for  doing  so  liave  not  be- 
come a  matter  of  record  —  but  they  are  not 
hard  to  conjecture.  It  was  doubtless  his 
own  lack  of  confidence  in  Thomas  Cox.  The 
stress  of  recent  financial  reverses  was  still 
sore  upon  him  —  with  consequent  depres- 
sion of  spirits  and  energy.  Furthermore, 
during  his  life  of  political  activity  he  had  ac- 
quired habits  of  convivial  indulgence  —  al- 
most universal  among  public  men  of  the 
period  —  that  at  this  time  conspicuously 
impaired  his  usefulness.^*^  That  it  was  from 
no  desire  to  shirk  his  patriotic  duty  to  his 
State  and  country,  nor  to  take  advantage  of 
his  age  exemption,  he  promptly  demonstrat- 
ed by  enlisting  as  a  private  in  the  congenial 
service  aiforded  by  a  company  of  scouts. 

His  declination  of  the  Governor's  ap- 
pointment was  coupled  with  the  recommen- 
dation that  the  position  of  Colonel  of  one  of 
the  new  regiments  be  given  to  a  young  man 
who  had  recently  moved  from  Western  Vir- 
ginia to  Macoupin  County  and  had  married 
Eleanor,  the  Colonel's  favorite  sister.  The 
native  ability  and  fitness  of  James  Collins 
for  the  exalted  position  was  evidently  known 
to  Governor  Revnolds  as  well  as  to  Colonel 


OUTBREAK  OF  BLACK  HAWK  WAR      49 

Cox ;  and  so  Collins  was  commissioned  Colo- 
nel of  the  Fourth  Regiment,  Third  Brigade, 
Illinois  Mounted  Volunteers.  This  brigade 
was  organized  on  June  20,  1832,  and  placed 
under  command  of  Brigadier  General  James 
D.  Henry  of  Springfield,  who  had  proved  his 
prowess  and  military  genius  by  service  in 
every  position  from  private  to  Lieutenant 
Colonel.  Henry  was  destined  to  attain  the 
distinction  of  being  one  of  the  ablest  com- 
manders which  this  short  struggle  devel- 
oped; and  Colonel  Collins  had  the  good 
fortune,  by  conspicuous  service  in  General 
Henry's  brigade,  to  prove  that  the  confi- 
dence of  his  friends  in  his  qualifications  as  a 
commander  was  well  founded.^^ 

Although  he  had  deemed  it  best  to  decline 
a  responsible  command  —  and  a  similar 
event  in  his  Iowa  career  proved  him  capable 
of  such  self-abnegation  —  Thomas  Cox  was 
filled  with  true  martial  ardor  and  a  desire  to 
aid  and  protect  the  helpless  settlers.  It  was 
not  deemed  a  disgrace  by  other  patriots  of 
the  day,  bearing  titles  of  previous  high  mili- 
tary rank  —  like  Whiteside  and  Henry  and 
Lincoln  —  to  take  their  places  in  the  ranks 
and  enroll  as  privates.  Nor  was  this  spirit 
lacking  in  Cox. 


50  THOMAS  COX 

In  the  adjoining  county  of  Morgan,  Cap- 
tain Allen  F.  Lindsay  was  raising  a  com- 
panj^  to  serve  as  scouts  in  the  spy  battalion 
of  Henry's  brigade.  Such  service  was  con- 
genial to  Thomas  Cox's  restless,  enterpris- 
ing disposition,  and  he  remembered  well  the 
keen  zest  with  which  Captain  Judy's 
company  twenty  years  before  had  ridden  in 
the  van  of  Edwards's  expedition.  And  so,  on 
June,  1832,  Captain  Lindsay's  spy  company 
received  upon  its  rolls  the  name  of  Thomas 
Cox. 


VI 

The  End  of  the  Black  Hawk  War^'^ 

The  spy  battalion  of  the  Third  Brigade 
consisted  of  two  companies  —  Lindsay's  of 
Morgan  County,  and  Samuel  Huston's  of 
Fayette.  It  was  placed  under  command  of 
Major  William  Lee  D.  Ewing  of  Vandalia, 
who  had  been  Receiver  of  the  United  States 
Land  Office  and  General  of  Militia.  General 
Henry's  brigade  comprised  the  regiments  of 
Colonels  Samuel  T.  Matthews,  Jacob  Fry, 
Gabriel  Jones,  and  James  Collins,  and  Ma- 
jor Ewing 's  spy  battalion. 

Colonel  Matthews 's  regiment,  being  partly 
infantry,  was  left  to  guard  the  Illinois  River 
country,  and  the  rest  of  the  brigade  joined 
General  Atkinson's  army  which  moved  on 
the  23d  of  June  to  follow  Black  Hawk's  re- 
treat up  the  valley  of  the  Rock  River  into 
the  wilds  of  Michigan  Territory  or  what  is 
now  Wisconsin. 

In  the  preliminary  movements  the  entire 


52  THOMAS   COX 

aimy  concentrated  at  Dixon's  Ferry,  whence 
General  M.  K.  Alexander  was  sent  on  a  de- 
tour guarding  the  left  flank  to  the  Missis- 
sippi at  the  mouth  of  Plum  River  (now 
Savanna,  Illinois)  and  thence  via  Kellogg 's 
Grove  to  Fort  Hamilton  in  the  Wisconsin 
lead  regions.  Here  he  was  joined  by  Gen- 
eral Alexander  Posey's  brigade,  which  had 
marched  from  Dixon's  Ferry  directty  to 
Hamilton,  and  by  Colonel  Henry  Dodge's 
command  of  Michigan  volunteers.  Major 
John  Dement,  commanding  General  Posey's 
spy  battalion,  scouting  a  day's  march  in  ad- 
vance encountered  Indians  at  Kellogg 's 
Grove  and  defeated  them  in  a  severe  battle 
against  great  odds. 

General  Henry's  brigade  and  a  brigade  of 
United  States  Regulars  under  General 
Hugh  Brady  moved  up  the  east  side  of  Rock 
River,  crossed  the  State  line  at  the  mouth  of 
Turtle  Creek  (now  Beloit,  Wisconsin)  and 
on  the  3d  of  July  halted  on  Lake  Koshko- 
nong  or  Mud  Lake  —  a  large  body  of  water 
formed  by  the  enlargement  or  widening  of 
Rock  River.  Here  General  Atkinson  again 
concentrated  his  army  by  awaiting  the  ar- 
rival from  Fort  Hamilton  of  the  commands 
of   Alexander,    Posey,   and   Dodge.     That 


END  OF  BLACK  HAWK  WAR  53 

accomplished,  lie  moved  forward  beyond  the 
lake  to  the  mouth  of  the  Whitewater  River, 
where  he  formed  a  base  for  supplies. 

Scouting  parties  failed  to  develop  the 
movements  of  the  Indians,  who  were  sup- 
posed to  have  gone  northeastward  and  to  be 
in  hiding  among  the  swamps  around  Lake 
Horicon.  The  campaign  promised  to  be  a 
long  and  tedious  one,  and  the  difficulty  of 
subsisting  so  large  a  force  in  the  wilderness 
became  a  serious  problem.  Governor  Rey- 
nolds and  staff  started  for  home  via  Galena ; 
Captain  Early's  entire  company  (in  which 
was  Abraham  Lincoln)  was  mustered  out; 
and  one  regiment  and  all  members  of  the 
others  who  had  become  horseless  or  phys- 
ically disabled  were  sent  back  to  Dixon's 
Ferry. 

Provisions  having  become  practically  ex- 
hausted, the  post  at  the  mouth  of  the  White- 
water was  left  in  charge  of  the  Regulars; 
General  Posey  was  ordered  back  to  Fort 
Hamilton  to  guard  the  lead  mining  coun- 
try ;  and  the  balance  of  the  army  —  consist- 
ing of  the  brigades  of  Henry  and  Alexander, 
and  Colonel  Dodge's  regiment  —  was  sent 
to  Fort  Winnebago  at  the  portage  of  the 
Wisconsin  to  obtain  rations  for  twelve  davs 


54  THOMAS  COX 

and  then  return  to  General  Atkinson  at  the 
Whitewater. 

The  march  to  Fort  Winnebago,  a  distance 
of  sixty  or  seventy  miles,  was  accomplished 
in  two  days,  but  a  stampede  of  their  horses 
on  the  night  of  their  arrival,  July  12th,  de- 
layed their  return.  In  the  meantime  Win- 
nebago Indians  reported  that  Black  Hawk 
was  at  the  rapids  on  Rock  River  (now 
Hustisford,  Wisconsin)  directly  east  of 
Fort  Winnebago.  General  Henry,  with  true 
military  instinct,  conceived  it  his  duty  to 
take  advantage  of  his  army's  proximity  to 
the  objective  and  march  at  once  against  the 
enemy  without  regarding  General  Atkin- 
son's order.  He  called  a  council  of  war, 
including  every  officer  from  Captain  up,  and 
disclosed  his  plan.  General  Alexander  re- 
fused to  disregard  orders  and  proposed  to 
return  to  General  Atkinson  with  his  brigade. 
Henry  and  Dodge  resolved  to  seek  the  enemy 
and  to  start  at  noon  on  the  15th.  Lieutenant 
Colonel  Jeremiah  Smith  and  most  of  the 
officers  of  Fry's  regiment  signed  a  protest, 
to  which  General  Henry  replied  by  ordering 
them  all  under  arrest  and  directing  that  they 
be  sent  under  guard  to  General  Atkinson. 
The  recalcitrant  officers  promptly  recanted 


END  OF  BLACK  HAWK  WAR  55 

and  apologized  and  were  restored  to  com- 
mand. 

Henry  and  Dodge  were  three  days  mak- 
ing their  way  through  tangled  undergro^^i:h 
and  swamps  to  the  Rock  River  rapids,  and 
then  they  found  that  the  Indians  had  gone. 
By  advice  of  their  Winnebago  guides  they 
prepared  to  follow  the  savages  further  up 
the  river,  but  despatched  two  officers  to  in- 
form General  Atkinson  of  the  situation. 
The  aids  had  proceeded  only  about  eight 
miles  to  the  southwest  on  their  mission  when 
they  came  upon  a  broad  fresh  trail  of  the 
enemy  leading  westward.  Evidenth"  the 
Indians  were  aiming  to  escape  across  the 
Mississippi  —  the  Winnebagoes  confessed 
that  they  had  given  false  information  to 
facilitate  the  escape  of  Black  Hawk. 

Leaving  baggage  wagons  and  other  im- 
pediments that  might  delay  a  forced  march, 
General  Henry  led  his  command  on  the 
morning  of  July  19th  straight  upon  the  well 
marked  trail.  At  nightfall  of  the  next  day 
camp  was  made  on  the  east  bank  of  the 
Third  Lake  or  Lake  Monona.  On  the  morn- 
ing of  the  21st  the  chase  was  resmiied,  with 
Major  Swing's  and  Colonel  Dodge's  forces 
in  the  lead.    Deployed  as  skirmishers,  they 


5G  THOMAS   COX 

swept  over  tlie  beautiful  peninsula  between 
Third  Lake  and  Fourth  Lake  —  now  occu- 
pied as  the  site  of  the  capital  of  Wisconsin. 
The  regiments  f  oUow^ed  in  order  of  battle  — 
Fry  to  the  right,  Jones  to  the  left,  and  Col- 
lins in  the  center. 

Little  did  Colonel  Collins  imagine  that 
seven  years  later  would  find  him,  as  legisla- 
tor of  a  new  Territory,  in  attendance  upon  a 
law-making  body  convened  where  now  was 
an  unsettled  wilderness.  Evidence  was  soon 
found  that  Black  Hawk  had  camped  the 
previous  night  on  the  banlvs  of  Fourth  Lake, 
and  by  noon  stragglers  were  overtaken.  By 
three  o'clock  they  reached  the  Wisconsin 
River  at  wdiat  was  called  the  Heights,  and 
here  the  Indians  had  made  a  stand  to  secure 
their  crossing. 

Stevens  in  his  The  Black  Hawk  War  gives 
the  following  account  of  the  opening  of  the 
battle  of  Wisconsin  Heights : 

Dismounting,  every  tenth  man  was  detailed  to  hold 
horses,  excepting  the  regiment  of  Colonel  Fry  which 
was  made  the  reserve  and  held  to  prevent  the  enemy 
from  turning  the  flanks  of  the  whites. 

The  Indians  opened  fire  as  the  advance  guard  of 
the  whites  was  passing  a  stretch  of  uneven  ground 
through  the  high  grass  and  low  brush.  IMajor  E wing's 
battalion  was  at  once  formed  in  front,  where  the  In- 


END  OF  BLACK  HAWK  WAR  57 

dians  poured  their  fire  into  it  from  behind  trees.  In 
a  few  moments,  Henry  arrived  with  the  main  army 
and  formed  the  order  of  battle,  Colonel  Jones  being 
placed  on  the  right.  Colonel  Collins  to  the  left,  Fry 
in  reserve,  and  Ewing  in  front  with  Dodge  on  the 
extreme  right.  In  this  order,  Henry  commanded  the 
forces  to  move.  The  order  to  charge  the  enemy  was 
splendidly  executed  by  Ewing,  Jones  and  Collins, 
routing  the  Indians  who  retreated  to  the  right  and 
concentrated  before  Dodge's  Battalion  with  the  ob- 
vious intention  of  turning  his  flank.^^ 

Colonel  Fry  reinforced  Dodge  and  to- 
gether they  charged  in  turn  and  forced  the 
savages  back  upon  the  river  bottom.  Here  a 
determined  stand  was  made  by  the  Indians ; 
but  a  vigorous  charge  drove  them  down  into 
the  Wisconsin  bottoms  where  pursuit  being 
impossible  in  the  darkness,  Henry  withdrew 
his  forces  and  awaited  the  morning.  It  was 
discovered  at  dawn  that  the  Indians  had  all 
made  their  escape  over  the  river.  Henry's 
army  being  now  almost  destitute  of  provi- 
sions, he  forebore  pursuit,  falling  back  to 
the  new  base  at  Blue  Mounds  where  General 
Atkinson  had  again  concentrated  the  brig- 
ades of  Posey  and  Alexander.  The  loss  of 
the  whites  in  the  affair  at  Wisconsin  Heights 
was  one  man  killed  and  eight  wounded.  The 
})odies  of  ninety-three  Indians  were  found, 


58  THOMAS   COX 

but  the  survivors  had  succeeded  in  carrying 
oft*  their  wounded. 

On  rejoining  the  army  at  the  Bhie 
Mounds,  Henry  and  Dodge  and  their  officers 
met  with  a  certain  coolness  at  headquarters. 
Tliey  had  committed  the  indiscretion  of  win- 
ning a  victory  without  the  advice  and  con- 
sent of  an  "educated  soldier",  and  precau- 
tions were  promptly  taken  that  it  should 
not  occur  again. 

On  the  25th  of  July  the  army  was  again  in 
motion  to  intercept  Black  Hawk  if  possible 
before  he  could  cross  the  Mississippi.  The 
Regulars  led,  Posey  and  Alexander  follow- 
ing; while  Henry  was  given  the  rear  in 
charge  of  the  baggage. 

The  Wisconsin  was  crossed  at  Helena. 
The  trail  of  Black  Hawk  having  been  dis- 
covered was  followed  relentlessly  until  on 
the  2d  of  August  the  enemy  was  overtaken 
on  the  Mississippi  at  the  mouth  of  the  Bad 
Axe  River.  General  Atkinson  had  ordered 
reveille  at  two  o  'clock  that  morning,  and  the 
army  moved  at  sunrise.  An  hour  later  the}^ 
struck  a  small  force  of  Indians  which  proved 
to  have  been  decoys  sent  forward  to  receive 
the  attack  and,  by  gradual  retreats,  to  draw 
the  whites  up  the  river  three  or  four  miles 


END  OF  BLACK  HAWK  WAR  59 

from  Black  Hawk's  camp  on  an  island  and 
the  river  bottoms,  thus  giving  time  for  a  re- 
treat across  the  great  river.  The  ruse  was 
nearly  successful. 

Dodge,  whose  scouts  developed  the  enemy, 
was  ordered  to  hold  his  ground,  and  the 
troops  as  they  arrived  were  deployed  suc- 
cessively to  the  right  —  the  Regulars  under 
Zachary  Taylor  to  the  right  of  Dodge,  then 
Posey  and  finally  Alexander.  And  when 
Henry  arrived  trudging  along  with  the  bag- 
gage, Fry's  regiment  was  taken  from  him 
and  also  sent  with  Atkinson.  The  Indian 
decoj^s  gave  way  with  the  whites  in  hot  pur- 
suit. 

Major  Swing's  scouts,  however,  in  cover- 
ing Henry's  front,  as  was  their  duty,  soon 
found  that  the  main  trail  led  to  the  river 
farther  down.  General  Henry,  divining  the 
stratagem  that  was  misleading  General  At- 
kinson, immediately  ordered  Collins  and 
Jones  forward,  followed  the  broad  trail  to 
the  foot  of  the  bluff,  dismounted  his  men, 
deploying  to  right  and  left  from  the  center, 
and  boldly  charged  through  the  timber, 
driftwood,  and  underbrush  straight  upon, 
the  foe. 

The  Indians  were  pressed  slowly  back  to 


60  THOMAS   COX 

the  river.  Atkinson,  having  been  informed 
of  the  situation  by  a  messenger  and  hearing 
the  firing,  brought  his  entire  force  upon  the 
scene  in  time  for  the  final  charge  from  which 
a  few  Indians  escaped  to  a  small  willow 
island. 

A  final  stand  was  made  by  these  few  red 
men  on  the  island ;  but  they  were  killed,  cap- 
tured, or  driven  into  the  river  by  Dodge, 
Fry,  Ewing,  and  a  number  of  the  Regulars, 
who  plunged  through  the  intervening  water 
and  attacked  them  in  the  face  of  a  heavy 
fire.  General  Henry  had  again,  contrary  to 
plans,  been  the  means  of  gaining  a  decisive 
victory,  but  this  time  he  received  hearty  con- 
gratulations from  every  officer  in  the  regu- 
lar service. 

As  the  situation  could  now  be  fully  han- 
dled by  the  regular  troops,  the  volunteers 
were  marched  at  once  to  Galena  and  thence 
to  their  places  of  rendezvous,  to  be  mustered 
out.  Thomas  Cox  and  Colonel  Collins  are 
both  shown  by  the  records  to  have  been 
mustered  out  on  August  16,  1832. 

Enough  of  the  history  of  the  Black  Hawk 
War  has  been  given  to  show  that  it  was  the 
fortune  of  Thomas  Cox,  and  of  his  brother- 
in-law  Colonel  Collins,  to  have  taken  part  in 


END  OF  BLACK  HAWK  WAR  61 

a  consj)icuoiis  and  dangerous  service.^*^  It 
is  a  fair  inference  that  the  opportunity  af- 
forded by  a  halt  at  Galena,  and  perhaps  a 
more  extensive  view  of  the  lead  mining 
regions,  led  to  the  removal  thither  of  Colonel 
Collins  shortly  after  the  war  and  of  Colonel 
Cox  in  1837. 


VII 
United  States  Deputy  Surveyor 

The  pure  air  and  simple  living  of  an  army 
campaign  in  the  wilderness  had  sent  Colonel 
Cox  home  with  restored  health  and  renewed 
nerve.  He  was  ready  now  to  attack  the 
problems  of  the  future  with  his  old  time  am- 
bition and  force,  but  felt  that  he  must  first 
cast  off  the  associations  and  associates  of 
Springfield.  The  opportunity  was  offered, 
and  he  embraced  it,  of  removing  to  the  old 
home  of  Mrs.  Cox  on  the  Isle  Bois  River 
near  Ste.  Genevieve,  Missouri,  and  joining 
forces  with  his  brothers-in-law,  William  and 
Lemuel  Bartlett. 

One  is  reminded  of  the  parallel  period  of 
stress  in  the  life  of  General  Grant,  when  the 
farm  of  his  father-in-law  near  St.  Louis  af- 
forded him  shelter,  while  events  were  form- 
ing that  allowed  his  great  nature  to  show  its 
capacity.  So  likewise  was  Thomas  Cox  des- 
tined for  more  conspicuous  service  than 
tenant  farming  might  afford.     Influential 


IT.  S.  DEPUTY  SURVEYOR  63 

friends  and  well  wishers,  who  knew  of  his 
capacity  and  especialh^  of  his  experience  in 
land  surveying,  came  into  positions  of  power 
within  a  few  years  after  he  had  gone  to  Ste. 
Genevieve.  General  Henrj^  Dodge,  made 
Colonel  of  the  First  United  States  Dragoons, 
a  regiment  organized  expressly  for  him  in 
1833,  became  Governor  of  Wisconsin  Terri- 
tory on  its  formation,  July  4,  1836;  George 
W.  Jones,  another  Ste.  Genevieve  man,  be- 
came the  first  Delegate  to  Congress  from 
Wisconsin  Territory;  and,  more  important 
still.  Major  W.  L.  D.  Ewing  was  elected 
United  States  Senator  from  Illinois  in  De- 
cember, 1835,  to  fill  the  vacancy  caused  by 
the  death  of  Elias  Kent  Kane. 

On  September  21,  1832,  a  treaty  was  con- 
cluded by  General  Winfield  Scott  and  Gov- 
ernor John  Reynolds  with  the  Sac  and  Fox 
Indians  by  wdiich  a  strip  of  land  fifty  miles 
wide  was  acquired  along  the  west  side  of  the 
Mississippi  River,  generally  known  as  the 
''Black  Hawk  Purchase "."^^  After  the  rati- 
fication of  the  treaty  by  Congress  in  Febru- 
ary, 1833,  provisions  were  made  as  rapidly 
as  possible  for  its  survey  into  townships  and 
sections.  The  surveys  were  done  by  contract, 
and  each  contractor  was  given  the  authority 


64  THOMAS  COX 

of  a  government  official  by  appointment  as 
United  States  Deputy  Surveyor  under  in- 
structions of  the  Surveyor  General  of  his 
district. 

It  was  for  one  of  these  contracts  and  its 
cognate  appointment  from  the  Surveyor 
General's  office  that  Thomas  Cox  became  an 
applicant.  Through  the  intercession  of  his 
friends,  the  appointment  came  from  Robert 
T.  Lytle,  United  States  Surveyor  General 
for  the  Territory  northwest  of  the  Ohio,  un- 
der date  of  May  6,  1837;  and  as  United 
States  Deputy  Surveyor  Cox  entered  into 
contract  with  the  Surveyor  General  for 
the  subdivision  into  sections  of  townships 
eighty-four  and  eighty-five  north,  ranges 
two,  three,  four,  five,  six,  and  seven  east  of 
the  Fifth  Principal  Meridian  in  the  then 
Territory  of  Wisconsin.*^^  The  townships 
thus  described  are  now  Union,  Iowa,  Wash- 
ington, Jackson,  Van  Buren,  Fairfield, 
Perry,  Farmers'  Creek,  Maquoketa,  and 
South  Fork  tow^nships  in  Jackson  County, 
Iowa. 

In  anticipation  of  this  appointment  and  in 
order  to  be  nearer  the  scene  of  his  labors,  he 
removed  early  in  1837  to  White  Oak  Springs 
in  Iowa  (now  Lafayette)  County,  Wiscon- 


r.  S.  DEPUTY  SURVEYOR  65 

sin.  This  place  is  in  the  lead  mining  region, 
being  about  twelve  miles  northeast  of  Ga- 
lena, Illinois.  It  had  been  for  several  years 
the  home  of  his  brother-in-law.  Colonel 
James  Collins,  who  had  become  a  successful 
mine  operator. 

His  work  of  surveying  in  Jackson  County 
was  prosecuted  through  the  simimer  and 
fall  of  1837.  Old  settlers  remember  well  the 
jolly  party  with  their  ox  team  and  tents  and 
hearty  Southern  hospitality.  Cox's  chief 
assistant  was  John  G.  McDonald,  a  very 
comj^etent  surveyor  who  had  recently  re- 
moved to  Illinois  from  Indiana.  Until  the 
death  of  Colonel  Cox,  John  McDonald  was 
one  of  his  most  intimate  and  valued  asso- 
ciates, and  their  mutual  esteem  was  mani- 
fested in  many  ways.''^  Other  members  of 
the  party  were  Pe3i:on  Seamands,  Enoch 
Sells,  and  Mark  Spiles  from  Macoupin  and 
Sangamon  counties.  They  all  took  up  claims 
in  Jackson  County,  and  all  became  infected 
with  the  California  fever  of  emigration  that 
raged  so  virulently  in  1849  and  1850. 

The  two  tiers  of  townships  which  fur- 
nished the  field  for  the  surveying  operations 
of  Colonel  Cox  and  party  are  divided  nearly 
equally  by  the  Maquoketa  River,  which  flows 

5 


66  THOMAS   COX 

in  a  general  easterly  direction  in  that  part  of 
its  course.  The  country  south  of  the  river 
was,  for  the  most  part,  treeless  prairie 
whose  gently  undulating  hills  of  loess 
marked  the  border  land  of  the  Kansas  gla- 
cial drift.  North  of  the  river  the  "beetling 
crags"  of  Niagara  dolomite  and  hills  divid- 
ed by  the  caiion-like  gorges  of  an  almost 
purely  driftless  area  were  covered  by  dense 
forests  of  oak,  hickory,  and  sugar  maple. 

Settlements  in  the  county  began  in  1833 
when  James  Armstrong,  William  Dyas,Wil- 
liam  Jonas,  and  Alexander  Reed  abandoned 
the  precarious  ventures  of  lead  mining  at 
Galena,  crossed  the  Mississippi  at  what  be- 
came the  village  of  ''Bellview",  and  made 
claims  in  its  immediate  vicinity.  The  beau- 
tiful plateau  on  which  the  inchoate  town  be- 
gan growth  the  next  year,  had  been  the  site 
at  different  times  of  Indian  villages  as  one 
tribe  after  another  occupied  the  country. 

Twenty-five  miles  farther  down  the  river 
a  grassy  plain  fronting  an  opening  in  the 
l^luffs  suggested  another  landing  place  foi* 
river  traders  and  trappers,  and  the  early 
French  voyageurs  had  given  it  the  name  of 
Prairie  La  Pierre.  Directly  opposite  in  Illi- 
nois, Plum  River  valley  had  afforded  a  high- 


U.  S.  DEPUTY  SURVEYOR  67 

way  to  reach  the  great  river,  and  a  settle- 
ment had  been  made  at  its  mouth  which  took 
the  name  of  Savanna. 

Two  adventurers,  Hinkley  and  Dorman, 
crossed  the  Mississippi  from  Savanna  in 
1835  and  staked  out  a  claim  on  the  west  side 
of  the  river.  In  April,  1836,  Dr.  Enoch  A. 
Wood  arrived  from  Ohio,  bought  Hinkley 's 
share  of  the  claim,  and  built  a  log  cabin. 
Charles  Swan  and  W.  H.  Brown  came  the 
same  year,  acquired  Dorman 's  interest,  and 
together  with  Wood  platted  a  town  which 
the}^  named  Carrollport.  The  name  was  soon 
afterwards  changed  to  Charleston;  but  in 
1846  it  was  again  changed  to  Sabula. 

With  the  exception  of  those  two  river 
to^Tis,  no  settlement  can  be  traced  in  what 
became  Jackson  Count}^  until  1836.  During 
that  year  a  party  of  Kentucky  born  pioneers 
—  who  had  lived  in  Henderson  County  and 
in  Edgar  County,  Illinois  — crossed  the  Mis- 
sissippi at  Buffalo,  and  proceeding  directly 
north  finally  halted  and  made  their  claims 
near  the  South  Fork  of  the  Maquoketa  in 
what  is  now  Monmouth  Township.®^  An- 
other settlement  was  made  by  William  Mor- 
den  and  others  on  Farmers'  Creek,  noi*th  of 
the  Maquoketa.®^     Obscure  evidence  exists, 


6S  TIIOMAH   COX 

also,  of  a  settlement  in  1836  on  Deep  Creek, 
near  tlie  present  south  limits  of  the  county. 

When  spring  opened  in  1837  emigration 
began  to  flow  freely  into  the  Maquoketa 
River  country.  The  timbered  lands  north  of 
the  riyer  received  mostly  those  who  had 
made  halts,  long  or  short,  at  or  about  Galena^ 
and  had  come  through  the  gateway  of  Bell- 
view.  Moreover,  these  settlers  were  very 
largely  men  from  southern  Illinois  —  Ken- 
tuckians  predominating.  Into  the  more 
open  countr}^  south  of  the  river,  emigrants 
came  direct  from  the  East  —  New  England- 
ers.  New  Yorkers,  and  two  years  later 
Canadian  refugees  of  the  Patriot  War. 
Colonel  Cox  alone  brought  a  veritable  colony 
of  relatives  and  old  neighbors.  In  1837  his 
l)rother,  John  W.  Cox,  built  the  first  saw 
mill  in  the  county.  There  came  also  John 
Cox 's  brothers-in-law  —  Morris,  Leonard^ 
and  Thomas  Hilyard,  Peyton  Seamands, 
and  Samuel  McKinley,  Ephraim  Neville, 
who  had  married  Cox^s  sister,  and  his 
brother  Enoch,  crippled  by  an  Indian  bullet 
at  Bad  Axe,  and  Seamands's  two  brothers. 

These  were  all  intimate  associates,  but 
Colonel  Cox  also  met  and  came  into  imme- 
diate contact  with  every  settler  who  came 


U.  S,  DEPUTY  SURVEYOR  69 

into  the  county.  His  work  led  to  this,  and 
his  genial  cordialit}^  gave  a  welcome  that 
w^on  the  heart  of  the  lonesome  new-comer  at 
once. 

During  that  suimner  of  1837  he  selected  a 
site  for  his  own  new  home.  It  was  near  the 
north  bank  of  the  Maquoketa,  about  three 
and  a  half  miles  east  of  the  forks,  where  a 
trail  had  already  been  established  leading 
from  Dubuque  to  Davenport,  crossing  the 
river  hy  a  rocky  ford.  A  ravine  leading 
down  to  the  river  had  many  fine  springs, 
near  the  largest  of  which  a  good  log  house 
w^as  built.  Into  this  home  the  family  re- 
moved in  the  spring  of  1838.  It  w^as  what 
was  called  a  double  cabin  —  two  enclosed 
buildings  connected  by  a  roof  which  covered 
an  open  entrance  in  the  center. 

Cox  named  the  farm  and  locality  Rich- 
land, and  doubtless  hoped  and  expected  that 
it  might  become  the  site  of  a  town ;  but  the 
growth  of  Springfield  and  Bridgeport,  near 
the  forks,  soon  forced  the  main  traveled 
road  to  a  crossing  a  mile  and  a  half  farther 
up  the  river,  and  so  his  hopes  were  aban- 
doned. 


VIII 
Membek  of  the  Legislative  Assembly 

The  first  settlers  in  Jackson  County  in  1833, 
as  in  all  other  parts  of  what  is  now  Iowa, 
found  no  organized  government.  The  coun- 
try had  been  acquired  by  the  United  States 
from  France  as  a  part  of  the  Louisiana  Pur- 
chase, which  by  act  of  Congress  in  1804  was 
divided  into  the  Territory  of  Orleans  and  the 
District  of  Louisiana  —  the  latter  being  that 
portion  lying  north  of  the  thirty-third  paral- 
lel. In  1812  its  name  was  changed  to  Mis- 
souri Territory.  In  1821,  however,  when 
Missouri  was  admitted  as  a  State,  the  re- 
maining portion  of  the  Ten-itory,  of  which 
the  present  States  of  Iowa  and  Minnesota 
formed  an  important  part,  was  left  without 
any  organized  government  whatever.  And 
it  so  remained  until  1834  when  the  bound- 
aries of  Michigan  Territory  were  extended 
to  the  Missouri. 

The  only  white  settlements  west  of  the 
Mississippi  in  Michigan's  new  territory  at 


MEMBER  LEGISLATIVE  ASSEMBLY     71 

that  time  were  the  few  that  fringed  the 
Black  Hawk  Purchase.  The  Michigan  Ter-, 
ritorial  legislature,  therefore,  simpty  divid- 
ed the  whole  vast  tract  into  two  counties  — 
Demoine  County,*"^  south  of  a  line  drawn  due 
west  from  the  lower  end  of  Rock  Island  to 
the  Missouri  River,  and  Dubuque  County, 
north  of  that  line.  The  settlement  at  Bell- 
view,  therefore,  was  in  Dubuque  Count}', 
Territory  of  Michigan. 

On  July  4,  1836,  the  original  Territory  of 
Wisconsin  was  organized,  and  the  counties 
of  Demoine  and  Dubuque  were  made  a  part 
of  it.  The  First  Legislative  Assembly  of  the 
new  Territory  convened  at  Belmont  in  Oc- 
tober of  the  same  year,  and  the  two  counties 
west  of  the  Mississippi  were  represented  by 
six  members  of  the  Council  and  twelve  of  the 
House.  Of  these  Dubuque  County  sent  three 
Coimcihnen  and  five  Representatives;  and 
they  were  all  from  the  Dubuque  settlement 
or  its  lead  mining  vicinity,  except  John 
Foley  (of  the  Council)  who  lived  in  Bell- 
view.  A  Dubuque  man,  Peter  Hill  Engle, 
was  elected  Speaker  of  the  House.  Demoine 
County  had  gained  in  population  sufficiently 
to  justifj^  its  division,  and  the  Belmont  leg- 
islature carved  it  into  seven  new  counties. 


T2  THOMAS   COX 

The  second  session  of  the  Wisconsin  Leg- 
islative Assembly  convened  at  Burlington  in 
November,  1837.  This  was  the  same  body 
which  had  met  at  Belmont  the  previous  year, 
the  Council  having  been  elected  for  four 
years  and  the  House  for  two  years. 

A  delegate  convention  of  representatives 
of  Wisconsin  Territory  west  of  the  Missis- 
sippi also  met  in  Burlington  just  before  the 
convening  of  the  legislature  for  the  piu"pose 
of  adopting  memorials  to  Congress  on  mat- 
ters affecting  the  interests  of  that  portion  of 
the  Territory.  Memorials  were  adopted  ask- 
ing for  changes  in  the  preemption  laws,  for 
a  better  definition  of  the  southern  or  Mis- 
souri boundary,  and  for  a  separate  Terri- 
torial organization.  In  tliis  convention  the 
part  of  Dubuque  County  now  included  in 
Jackson  County  was  represented  by  Wil- 
liam A.  Warren,  John  D.  Bell,  and  John  H. 
Rose  —  all  residents  of  Bellview.**'  Daven- 
port was  represented  by  Jonathan  W.  Par- 
ker and  Joseph  T.  Fales. 

One  of  the  earliest  bills  passed  at  the  sec- 
ond session  of  the  Wisconsin  legislature  was 
an  act  to  subdivide  the  original  county  of 
Dubuque  into  Benton,  Buchanan,  Cedar, 
Clayton,  Clinton,  Delaware,  Dubuque,  Fay- 


MEMBER  LEGISLATIVE  ASSEMBLY      73 

ette,  Jackson,  Johnson,  Jones,  Keokuk, 
Linn,  and  Scott  counties.  Jackson  County 
was  then  given  the  boundaries  which  it  still 
retains,  but  it  held  legal  jurisdiction  for  sev- 
eral years  over  the  territory  of  Jones  and 
Linn  counties,  which  lay  immediately  to  the 
west.®^ 

The  separate  organization  of  Iowa  as  a 
Territory  took  effect  on  July  4,  1838,  by  an 
act  of  Congress  passed  on  June  12th  of  the 
same  year.  The  Organic  Act  provided  that 
the  members  of  the  first  Council  and  House 
of  Representatives  were  to  be  elected  by  the 
people,  in  districts  designated  by  the  Gov- 
ernor. In  that  apportionment  a  single  elec- 
toral district  was  made  of  the  counties  of 
Jackson,  Dubuque,  Clayton,  Delaware,  and 
Fayette.  Moreover,  the  counties  of  Dela- 
ware and  Fayette  included  in  their  jurisdic- 
tion the  vast  extent  of  Indian  lands  extend- 
ing to  the  British  possessions  on  the  north 
and  the  Missouri  River  on  the  west,  and  em- 
bracing nearly  all  of  the  present  State  of 
Minnesota,  a  part  of  North  and  South 
Dakota  and  about  one-third  of  Iowa.  The 
only  election  precinct  north  of  the  Turkey 
River,  however,  was  that  of  St.  Peters  or 
Fort    Snelling.      This    electoral   district  — 


74  THOMAS   COX 

vast  iu  area  if  not  in  population  —  was  en- 
titled to  send  to  the  First  Legislative  Assem- 
bly of  the  Territory  of  Iowa  two  members  of 
the  Council  and  four  members  of  the  House. 

And  therein  lay  a  political  opportunity  for 
Thomas  Cox.  His  age,  his  experience  as  a 
legislator  twenty  years  before,  and  his  wide 
acquaintance  with  public  men  pointed  him 
out  as  one  specially  qualified  to  serve  as  a 
law-maker  for  the  new  Territory ;  while  the 
intimate  associations  into  which  his  vocation 
had  led  him  with  the  pioneers  who  were 
flooding  his  county,  combined  with  the  large 
element  of  personal  friends  whose  emigra- 
tion he  had  induced,  made  it  easy  for  him  to 
secure  the  united  support  of  the  voters  of 
Jackson  County. 

No  reports  or  traditions  of  political  or 
personal  contest  in  this  first  election  in  the 
Territor}^  of  Iowa  have  been  preserved.  The 
result  of  the  poll  was  that  Dubuque  fur- 
nished the  two  members  of  the  Council,  in 
the  persons  of  Stephen  Hempstead  and 
Warner  Lewis,  while  the  Representatives 
chosen  were  Colonel  Andrew  Bankson,  Har- 
din Nowlin,  and  Chauncey  8wan  of  Du- 
buque, and  Thomas  Cox  of  Jackson  County. 

That  the  election  of  Thomas  Cox  was  not 


ME.MBER  LEGISLATIVE  ASSEMBLY      75 

wholly  agreeable  to  all  of  liis  constituents  is 
plainly  shown  by  the  following  letter  from 
Governor  Robert  Lucas  which  was  first 
printed  in  Shambaugh's  Executive  Journal 
of  Iowa,  1838-1841: 

Executive  Department  Iowa  Territory 

Burlington,  Oct.  4,  1838. 

Sir, 

By  last  evenings  mail,  I  received  your  letter  of 
the  26th  Ulto.  —  also  a  communication  containing  the 
affidavits  of  B.  Rodefer  and  others,  complaining  of 
the  ineligibility  of  Thomas  Cox,  to  a  seat  in  the  House 
of  Representatives  of  the  Legislative  Assembly  of 
this  Territory.  I  also,  received  a  communication  some 
days  since,  dated  the  20th  Ulto.  signed  by  N.  Jefferson 
and  others,  containing  a  similar  complaint. 

In  answer  to  your  enquiries,  I  can  only  say  that,  I 
regret  that  any  cause  of  dis[s]atisf action  should  arise, 
as  to  the  qualification  of  any  member  returned  elected 
to  a  seat  in  our  legislative  Assembly,  but  it  would  be 
travelling  entir[e]ly  out  of  my  appropriate  sphere  of 
duty  as  Executive,  for  me  to  express  any  opinion  with 
regard  to  the  eligibility  of  any  person  that  may  be 
returned  as  a  member  elect,  to  a  seat  in  either  branch 
of  the  legislative  Assembly  of  the  Territory,  as  each 
branch  has  the  legitimate  right  to  judge  as  to  the 
qualification  of  its  own  members. 

The  subject  complained  of,  in  your  communication, 
is  one  that  rests  between  the  person  returned  elected, 
and  his  constitutory,  and  as  executive,  I  have  no  right 
to  question  the  correctness  of  the  returns  of  any  elec- 


76  THOMAS   COX 

tion  that  may  be  officially  transmitted  to  me  in  pur- 
suance of  the  Organic  law  of  the  Territory,  and  the 
Proclamation  of  the  15th.  August  issued  under  it 

This  being  the  case  you  will  perceive  the  impro- 
priety of  my  expressing  any  opinion,  with  regard  to 
the  qualifications  of  persons  returned,  as  members 
elect  of  a  coordainate  branch  of  the  government  of  the 
Territory. 

With  sincere  respect, 

I  am,  Your  Obt.  Sert. 

Robert  Lucas 
James  K.  Moss  Esqr 

Clerk  district  Court  of  Jackson 
County,  Iowa,  Territory. 

The  guarded  language  of  Governor  Lucas 
makes  it  difficult  to  guess  what  was  the  point 
of  ineligibility  as  regards  Colonel  Cox's  elec- 
tion of  which  complaint  was  made.  It  seems 
probable,  however,  that  it  referred  to  the 
provision  in  Section  8  of  the  Organic  Act, 
which  declared  that  persons  holding  com- 
missions or  appointments  under  the  govern- 
ment of  the  United  States  should  not  be 
eligible  to  election  as  members  of  the  Terri- 
torial legislature;  for  Colonel  Cox  came  to 
the  Territory  with  an  appointment  as  Dep- 
uty United  States  Surveyor,  and  his  work 
under  that  appointment  was  not  finished 
until  1838.    The  House  Journal  does  not  in- 


MEMBER  LEGISLATIVE  ASSEMBLY      77 

dicate  that  the  question  of  his  eligibility  was 
raised  in  any  manner  when  the  legislature 
met  in  November,  1838.*'' 

The  First  Legislative  Assembly  of  the 
Territory  of  Iowa  convened  at  Burlington 
on  November  12,  1838.  The  meetings  were 
held  in  the  Zion  Church  —  a  building  which 
had  been  rented  for  the  purpose.  The  Rep- 
resentatives used  as  their  hall  the  main  floor 
of  the  Church,  and  the  Council  met  in  the 
basement.  The  Council  consisted  of  thirteen 
members  and  the  House  of  Representatives 
of  twenty-six. '''  On  the  first  da}^  of  the  ses- 
sion Andrew  Bankson  was  made  temporary 
Speaker  of  the  House.  W.  H.  Wallace  of 
Heni^y  County  and  Thomas  Cox  were  ap- 
pointed together  with  a  similar  committee 
from  the  Council  to  wait  upon  the  Governor 
and  inform  him  of  the  organization  of  the 
two  houses. 

It  was  on  the  motion  of  Thomas  Cox  that 
the  members  of  the  Council  were  invited  to 
take  seats  in  the  hall  of  the  House  of  Rep- 
resentatives to  be  sworn  into  office  and  to 
hear  the  message  of  his  Excellency,  the  Gov- 
ernor of  the  Territory.'^^ 

Robert  Lucas,  the  Governor,  was  a  states- 
man of  experience,  having  served  as  legisla- 


78  THOMAS   COX 

tor  in  Ohio  fourteen  years  and  as  Governor 
of  that  State  four  years.  His  first  message 
bristled  with  recommendations  of  practical 
value  to  the  pioneer  legislators  of  Iowa  who 
had  met  to  launch  into  being  the  new  Ter- 
ritory. 

On  the  second  day  of  the  session,  with  six 
members  absent  or  not  voting,  the  House 
balloted  for  Speaker  with  the  result  that 
William  H.  Wallace  of  Henry  County  re- 
ceived eleven  votes,  John  Frierson  of  Mus- 
catine Count}^  four,  Thomas  Cox  of  Jackson 
County  two,  Andrew  Bankson  of  Dubuque 
County  one,  James  W.  Grimes  of  Des 
Moines  County  one,  and  one  blank.  Wal- 
lace was  a  Whig  and  the  political  complex- 
ion of  the  House  was  largely  Democratic; 
but  the  election  was  doubtless  decided  by  the 
preponderance  of  the  delegations  from  the 
southern  counties  of  the  Territory. 

On  November  14th  a  select  committee  on 
printing  was  ordered  on  motion  of  Mr.  Cox. 
He  was  appointed  Chairman,  witli  William 
G.  Coop  of  Henry  County  and  Levi  Thorn- 
ton of  Muscatine  as  associates.  This  com- 
mittee became  at  once  a  storm  center  of 
contests  which  lasted  several  days  and  re- 
sulted finallv  in  the  selection  of  Clarke  & 


^^lE^^IBER  LEGISLATIVE  ASSEMBLY      79 

McKenny  of  Burlington  to  print  the  Jour- 
nal of  proceedings,  and  Russell  &  Reeves  of 
Dubuque  to  print  the  Laws.  Cox  led  the  fight 
for  Russell  &  Reeves  against  the  efforts  of 
James  W.  Grimes  on  behalf  of  James  G. 
Edwards  of  Burlington.''- 

As  to  the  standing  committees  which  were 
named  on  November  15th,  Cox  was  made 
Chairman  of  the  Committee  on  Internal 
Improvements  and  given  a  place  on  the 
Committee  on  Militia  and  the  Committee  on 
Roads  and  Highways.  It  was  on  this  same 
day  that  the  contest  over  the  location  of  the 
capital  began  by  the  adoption  of  a  motion  by 
Mr.  Cox  ''That  so  much  of  the  Governor's 
message  as  relates  to  establishing  the  seat  of 
Government  be  referred  to  the  committee 
on  Territorial  Affairs." 

The  makeshifts  necessary  to  relieve  the 
poverty  of  the  infant  parliament  of  the  Ter- 
ritory are  illustrated  by  the  passage  of  a 
resolution,  introduced  by  Cox  on  the  16th, 
''That  a  committee  be  appointed  by  the 
Speaker  to  borrow  from  the  gentlemen  of 
the  bar  of  this  city,  as  well  as  other  citizens, 
such  books  as  may  be  useful  to  the  different 
standing  committees  in  drafting  laws,  &c." 
Messrs.  Cox,  Temple,  and  Delashmutt  were 


80  THOMAS   COX 

appointed  as  the  committee,  and  it  is  pre- 
sumed that  the  patriotic  lawyers  and  ' '  other 
citizens"  duly  ransacked  their  shelves  p.nd 
trunks  for  the  valuable  literature  required. 

Later  in  the  winter  the  House  attempted 
to  hold  an  evening  session.  The  Journal 
records  this  result:  "The  hall  not  being 
sufficiently  lighted,  Mr.  Grimes  made  a  mo- 
tion that  the  doorkeeper  be  sent  for  a  box  of 
candles,  which  motion  was  disagreed  to."  ^^ 
Mr.  Cox  then  moved  that  the  House  adjourn, 
which  was  carried  on  roll  call  by  a  vote  of 
ten  to  nine.  On  the  next  to  the  last  day  of 
the  session  it  was  "Resolved,  That  J.  B. 
Whitesides,  be  allowed  the  sum  of  five  dol- 
lars, for  furnishing  this  House  with  tin 
buckets  and  cups,  during  the  session."  Thus 
was  luxury  beginning  to  creep  in  —  their 
fathers  would  have  used  cedar  buckets  and 
gourd  dippers. 

Thomas  Cox  was  ever  watchful  of  the 
interests  of  his  own  section  of  the  Territory, 
and  he  was  not  averse  to  promoting,  if  pos- 
sible, his  own  investments.  He  procured  the 
passage  of  a  resolution  *  *  That  the  committee 
on  Territorial  Affairs  be  instructed  to  in- 
quire into  the  expedienc}^  of  establishing  a 
territorial  road,  on  the  mail  route  estab- 


MEMBER  LEGISLATIVE  ASSEMBLY     81 

lished  by  Congress,  from  Du  Buque,  Rich- 
field, Point  Pleasant,  and  Davenport." 
Again,  he  asked  leave  "to  introduce  a  me- 
morial to  Congress,  for  the  purpose  of  con- 
structing a  railroad  from  Rockingham,  by 
way  of  Davenport  and  Richfield  to  Du 
Buque."  Leave  was  granted,  and  Messrs. 
Cox,  Coop,  and  Banlvson  were  appointed  a 
committee  to  prepare  and  report  the  same. 
Richfield  undoubtedly  means  his  own  farm, 
although  he  afterwards  changed  the  name  to 
Richland.  Rockingham  was  then  a  larger 
village  than  Davenport  its  rival. 

The  estal^lishment  of  roads  and  the  im- 
provement of  transportation  facilities  were 
among  the  most  fruitful  sources  of  legisla- 
tion proposed  and  passed  upon  by  the  legis- 
lature. Among  other  measures  was  a 
resolution,  moved  on  November  22d,  b}"  Mr. 
Laurel  Summers  of  LeClaire,  that  a  memori- 
al to  Congress  be  prepared  asking  an  appro- 
priation to  improve  the  navigation  of  the 
*'Wabesipinacon"  River.  Mr.  Cox  moved  to 
add  the  Big  Maquoketa,  and  Mr.  S.  C.  Has- 
tings asked  to  have  the  Cedar  fork  of  the 
Iowa  included  —  all  of  which  passed. 

On  December  28th,  Mr.  Cox  was  appoint- 
ed  Chairman   of   a   committee   to   draft   a 


82  TIICAIAS   COX 

'^memorial  asking  Congress  to  have  the 
rapids  in  the  Mississippi  River,  above  Rock 
Island,  examined  and  surveyed  by  compe- 
tent engineers;  and  that  said  memorial  ask 
of  Congress  a  donation  in  land  of  sufficient 
value  to  make  a  steam  boat  canal  from  the 
head  of  said  rapids  to  the  foot  of  the  same, 
in  the  territory  of  Iowa.'' 

The  record  shows  that  scarcely  a  day 
passed  during  the  session  when  Colonel  Cox 
was  not  in  evidence,  alert,  vigilant,  and  in- 
dustrious in  all  the  duties  of  a  legislator. 
He  was  frequently  Chairman  of  the  Com- 
mittee of  the  Whole,  w^hich  was  called  to 
consider  nearly  every  bill  that  passed;  he 
was  on  committees  to  prepare  bills  nearly 
every  day;  and  he  answered  every  roll  call, 
except  one,  during  the  session  —  and  they 
were  much  more  frequent  then  than  now. 

Two  notable  contests  enlivened  this  ses- 
sion and  did  more  to  bring  it  into  the  lime- 
light of  history  than  any  other  of  its  trans- 
actions. These  were  (1)  the  unfortunate 
controversy  with  Governor  Lucas  over  his 
exercise  of  the  veto  power  and  (2)  the  con- 
test for  the  location  of  the  capital  of  the 
Territory.  In  both  of  these  matters  Colonel 
Cox  bore  an  active  and  influential  part. 


IX 
Oppositiox  to  Governor  Lucas 

The  act  of  Congress  organizing  the  Terri- 
tory of  Iowa  had  provided  that  "The  Gov- 
ernor shall  approve  of  all  laws  passed  by  the 
Legislative  Assembly  before  the}^  shall  take 
effect."  Governor  Lucas  exercised  this 
power  somewhat  freely,  early  in  the  session, 
by  returning  l)ills  for  correction  and  by 
criticizing  details  in  a  way  that  he  evidently 
felt  was  only  offering  his  wide  experience 
and  knowledge  of  law  to  aid  in  perfecting 
the  work  of  men  less  skilled  in  legislation; 
but  his  acts  sometimes  wounded  the  pride  of 
the  members  of  the  Assembty/^  Then,  too, 
jealousy  was  fanned  by  the  bitter  persist- 
ence of  Secretary  William  B.  Conway,  be- 
tween whom  and  Governor  Lucas  strained 
relations  had  resulted  from  the  Secretary's 
presumption  in  assuming  prerogatives  of 
the  Executive  before  the  arrival  of  the 
Governor  in  the  Territory. 

Open  warfare  was  precipitated  when  on 


84  THO.ArAS   COX 

January  4tli  the  Governor  returned  without 
]iis  approval  two  joint  resohitions.  The  one 
earliest  in  date  had  been  introduced  by 
Colonel  Cox  on  December  3d  in  the  interests 
of  his  extensive  district  and  had  been  passed 
by  the  unanimous  vote  of  both  houses.  It 
read : 

Resolved,  by  the  Council  and  House  of  Representa- 
tives of  the  Territory  of  Iowa  that  the  postmaster  at 
Davenport,  Scott  county,  be  and  he  is  hereby  author- 
ized to  have  the  mail  from  Davenport,  to  Du  Buque, 
conveyed  in  two  horse  post  coaches,  twice  a  week  dur- 
ing the  present  session  of  the  Legislative  Assembly, 
and  that  the  post  master  general  of  the  United  States, 
be  memorialized  by  the  Legislative  Assembly,  to  allow 
and  pay  the  extra  expense  that  may  be  incurred  under 
this  resolution.'^''* 

On  December  10th  Colonel  Cox  was  made 
Chairman  of  a  special  committee  to  memo- 
rialize the  Postmaster  General  as  provided 
by  the  resolution.  This  memorial,  reported 
on  the  following  daj^  set  forth  that  the  mail 
was  carried  from  Davenport  to  Du  Buque 
once  a  week  on  horseback  and  that  letters^ 
public  documents,  and  newspapers  from 
members  of  the  legislature  to  their  constitu- 
ents could  not  be  thus  conveyed  in  due  time, 
but  were  often  delayed  at  Davenport  from 
week  to  week.    They  asked,  therefore,  that 


OPPOSITION  TO  GOVERNOR  LUCAS      85 

the  mail  be  carried  twice  a  week  in  two- 
horse  coaches. 

The  Governor  returned  the  joint  resohi- 
tion  without  his  approval,  giving  as  a  reason 
that  it  assumed  authority  to  instruct  the 
Postmaster  at  Davenport  —  an  officer  en- 
tirely under  the  jurisdiction  of  the  Federal 
government. 

The  other  vetoed  joint  resolution  decreed 
that  the  Governor  should  '^within  a  reason- 
able time"  notify  the  Assembly  upon  his 
approval  of  a  bill.  This  the  Governor  de- 
clined to  do,  stating  that  upon  his  approval 
of  bills  or  joint  resolutions  they  were  at  once 
deposited  with  the  Secretary  of  the  Terri- 
tory as  required  by  law. 

Mutterings  of  the  coming  storm  were 
heard  when  on  the  20th  of  December  a  com- 
mittee, of  which  Cox  was  a  member,  was 
ai)pointed  to  prepare  a  memorial  to  Con- 
gress asking  that  the  Organic  Act  of  Iowa 
be  amended  to  allow  the  Legislative  Assem- 
bly to  pass  any  law  by  a  majority  of  two- 
thirds,  notwithstanding  the  veto  of  the  Ex- 
ecutive. And  the  storm  broke  when  the  two 
vetoed  resolutions  were  returned  on  Janu- 
ary 4th.  Mr.  Grimes  immediately  moved 
that  a  standing  committee  on  vetoes  be  ap- 


8G  THOMAS   COX 

pointed.  This  was  done ;  and  the  Governor's 
communication  was  referred  to  the  commit- 
tee, which  consisted  of  James  W.  Grimes, 
Chaunce}^  Swan,  Gideon  S.  Bailey,  Laurel 
Smnmers,  and  Hawkins  Taylor.  Through 
their  Chairman  they  made  a  length}^  report 
on  January  7th,  of  which  the  following  por- 
tion concerns  the  Davenport  mail  resolution : 

This  resolution  was  unanimously  adopted  by  the 
Legislative  Assembly,  upon  the  suggestion  of  Northern 
members,  that  they  were  unable  to  receive  petitions  or 
hear  from  their  constituents,  or  their  constituents  to 
hear  from  them.  It  was  a  matter  of  notoriety,  which 
must  have  been  known,  as  well  by  the  Executive  of 
this  Territory,  as  by  the  members  of  this  Assembly, 
that  the  mail  from  Davenport  to  Du  Buque  was  ir- 
regular,—  that  not  a  fourth  part  of  the  mail  could  be 
carried  in  the  bags  at  one  time  —  that  in  requesting 
the  Post  Master  General  to  defray  the  additional  ex- 
pense, this  Legislature  had  the  example  of  the  Wiscon- 
sin Assembly  —  and  that  that  request  was  considered 
reasonable  and  complied  with  very  readily  by  the  De- 
partment at  "Washington. 

The  resolution  was  nothing  more  nor  less,  than  a 
call  upon  the  Post  Master  General  to  establish,  for 
the  present  winter  at  least,  a  sufficient  mail  route  be- 
tween Davenport  and  Du  Buque.  If  power  was  as- 
sumed in  that  resolution  which  could  only  be  exercised 
by  the  Congress  of  the  United  States,  the  "veto"  was 
perfectly  proper;  (if  it  could  be  exercised  at  all),  but 


OPPOSITION  TO  GOVERNOR  LUCAS      87 

your  committee  are  not  of  that  opinion.  The  Legisla- 
tive Assembly  did  not  stipulate  Avith  the  Post  Master 
at  Davenport,  that  he  should  be  paid  for  his  extra 
trouble,  by  the  United  States  or  by  the  Territory. 
This  Assembly  informed  him  that  should  the  mail  be 
carried  in  conformity  to  that  resolution  Congress 
should  be  memorialized  upon  the  subject;  but  it  was 
still  left  discretionary  with  him. 

The  rej)ort,  which  condemned  the  Gover- 
nor very  severely  and  claimed  in  fact  that  he 
had  no  right  of  veto,  was  adopted  by  a  vote 
of  sixteen  to  six  —  Cox  voting  for  it,  and 
also  for  a  motion  to  order  one  thousand  cop- 
ies printed. 

On  the  15th  of  January  a  resolution  was 
introduced  by  Colonel  Andrew  Bankson 
which  declared  that  "Robert  Lucas  is  'unfit 
to  be  the  ruler  of  a  free  j^eople'  "  and  or- 
dered that  a  memorial  be  sent  to  the  Presi- 
dent asking  that  he  be  removed  from  office. 
The  resolution  was  adopted  by  the  close 
vote  of  twelve  to  ten  —  Cox  voting  in  the 
affirmative.  The  memorial  to  the  President 
demanded  by  Bankson 's  resolution  was  re- 
ported on  the  21st  and  received  sixteen  votes 
against  eight  opposed  —  Cox  again  voting  in 
the  affirmative.'^^ 

On  the  24th  there  was  introduced  a  ful- 
some preamble  and  resolution  of  thanks  to 


88  THOMAS   COX 

Secretary  William  B.  Conway,  which  con- 
tained insulting  reference  to  the  Governor. 
It  was  voted,  down  by  a  vote  of  six  to  thirteen 
—  Colonel  Cox  being  one  of  the  implacable 
six.  And  on  the  last  day  of  the  session 
(January  25th)  his  motion  was  carried  that 
Messrs.  Inghram  of  the  Council  and  Temple 
of  the  House  be  appointed  a  committee  to 
forward  to  President  Van  Buren  the  joint 
memorial  of  the  Iowa  Assembly  that  he  re- 
move Robert  Lucas  from  the  office  of  Gover- 
nor of  the  Territory. 

The  memorial  was  not  successful.  The 
President  accepted  the  explanations  of  Gov- 
ernor Lucas  as  satisfactory";  but  before  an- 
other session  of  the  Territorial  Assembly 
convened  Congress  had  relieved  the  situa- 
tion by  an  act  which  deprived  the  Executive 
of  the  indefensible  power  of  absolute  veto 
and  gave  to  the  Assembly  the  right  to  pass 
measures  by  a  two-thirds  vote  when  re- 
turned by  the  Governor  with  objections. 


Locating  and  Naming  the  Capital  City 

One  of  the  important  matters  which  Gover- 
nor Lucas  urged  upon  the  attention  of  the 
legislature  in  his  message  was  the  location  of 
a  permanent  seat  of  govermnent  for  the  new 
Territorj^  Under  the  authority  given  him 
by  the  Organic  Act  he  had  chosen  Burling- 
ton as  the  temporary  capital;  but  it  was 
realized  that,  although  settlements  were  as 
3^et  confined  to  a  strip  of  country  closely  con- 
tiguous to  the  Mississippi  River,  jurisdic- 
tion of  the  inchoate  Commonwealth  extend- 
ed over  a  vast  domain  to  the  westward, 
whose  future  population  would  demand  a 
location  more  central  than  any  town  on  the 
I'iver  could  be.  It  was  very  difficult,  how- 
ever, to  find  any  settlement  at  a  distance 
from  the  river  large  enough  to  claim  the 
distinction  of  being  called  a  town. 

Moreover,  there  was  considerable  rivalry 
between  the  northern  and  southern  sections 
of  the  Territory.     The  old  Countv  of  De- 


90  THOMAS   COX 

moine  had  an  overwhelming  majority  of  the 
population,  but  it  soon  became  evident  that 
Bloomington  (Muscatine)  members  were 
disposed  to  join  forces  with  the  representa- 
tives of  the  northern  counties.  Mount  Pleas- 
ant in  Henry  County  was  the  largest  village 
in  the  Territor}^  not  situated  on  the  Missis- 
sippi River.  It  was  represented  in  the  As- 
sembly by  two  members  of  the  Council  and 
three  members  of  the  House  —  one  of  w^hom 
was  the  Speaker  —  and  they  soon  secured 
pledges  from  the  southern  members  that 
seemed  to  make  the  selection  of  that  town  a 
certainty.  The  Burlington  contingent  seems 
to  have  abandoned  efforts  for  their  own 
town  early  in  the  struggle  and,  with  two  ex- 
ceptions, supported  Mount  Pleasant  loyally, 
even  when  tempted  by  flattering  proposi- 
tions in  their  ot\ti  favor.  Bloomington,  how- 
ever, was  recalcitrant,  and  its  district  had 
strong  men  to  lend  aid  to  their  northern 
brethren  in  the  persons  of  General  John 
Frier  son,  S.  Clinton  Hastings,  William  L. 
Toole,  and  Levi  Thornton  in  the  House,  and 
James  M.  Clark  in  the  Council. 

The  first  record  of  proceedings  is  on  No- 
vember 15th,  when  Colonel  Cox  moved  that 
so  much  of  the  Governor's  message  as  re- 


LOCATING  THE  CAPITAL  CITY  91 

lated  to  the  establisliiug  of  the  seat  of  gov- 
ernment be  referred  to  the  Committee  on 
Territorial  Affairs.  But  there  appears  to 
have  been  no  report  from  that  committee 
until  the  last  day  of  the  year  (December  31, 
1838)  when  the}^  brought  in  a  bill  providing 
that  Burlington  should  be  the  temporary 
capital  for  three  years  and  that  then  Mount 
Pleasant  should  be  the  permanent  capital. 
The  bill  being  considered  in  Committee  of 
the  Whole,  the  Burlington  provision  was 
adopted  mthout  much  opposition.  Then 
came  motions  to  strike  out  Mount  Pleasant 
and  insert  some  other  location.  Twenty- 
eight  different  places  were  thus  tried.  Mr. 
Cox  moved  to  insert  Black  Hawk ;  Mr.  Now- 
lin  moved  to  insert  Bellevue ;  and  Mr.  Smn- 
mers  moved  to  insert  Camanche.  And  so 
the  gamut  was  run.  All  the  motions  were 
lost  and  Mount  Pleasant  emerged  from  the 
Conunittee  of  the  Whole  triumphant. 

The  question  then  came  before  the  House 
on  concuiTence  in  the  report  of  the  Commit- 
tee of  the  Whole,  and  the  contest  was  re- 
newed. The  first  attack  was  on  the  first 
section  of  the  bill,  and  Colonel  Cox  with 
six  others  voted  to  substitute  Fort  Madison 
for  Burlington  as  the  temporary  capital. 


92  THOMAS   COX 

Finally,  Colonel  Cox  came  forward  with  an 
entirely  new  solution  for  the  problem, 
dra^^Ti,  possibly,  from  his  personal  knowl- 
edge of  a  similar  contest  twenty  years  before 
in  Illinois. 

Controversies  over  the  location  of  the  seat 
of  government  were  interesting  incidents  in 
the  early  legislation  of  nearly  all  of  the  new 
Commonw^ealths  which  the  invasion  of  the 
West  was  bringing  into  the  American  Un- 
ion. The  usual  and  expected  result  of  such 
contests  had  been  the  choice  of  an  estab- 
lished town,  or  at  least  a  regularly  surveyed 
town  site  with  the  nucleus  of  a  settlement. 
But  there  had  been  a  notable  exception  when 
the  First  General  Assembly  of  the  State  of 
Illinois  in  1818  had,  through  a  Board  of 
Commissioners,  located  its  new  State  capital 
upon  four  sections  of  unoccupied  govern- 
ment land  and  had  given  it  the  name  of 
Vandalia. 

Thomas  Cox  was  a  Senator  in  that  First 
General  Assembly  of  Illinois,  and  he  bore  a 
part  in  the  legislation  which  decreed  that 
the  seat  of  government  should  go  into  the 
wilderness  and  the  capital  city  be  laid  out 
into  lots  and  sold  to  its  future  residents  by 
the  State.    Government  land  stretched  in  al- 


LOCATING  THE  CAPITAL  CITY  93 

most  illimitable  vastness  beyond  the  narrow 
fringe  of  settlements  in  the  Territory  of 
Iowa  in  1838,  as  it  had  in  Illinois  in  1818. 
If  a  central  capital  be  desired,  why  not  take 
a  leaf  from  the  book  of  Illinois  history: 
choose  a  plat  of  land  and  make  a  capital. 
Such  were  the  thoughts,  doubtless,  that 
prompted  Thomas  Cox  to  move  to  amend 
the  second  section  of  the  bill  as  follows : 

Strike  out  "Mount  Pleasant"  and  insert  Johnson, 
Linn  and  Cedar  Counties,  and  that  commissioners  be 
appointed  to  locate  the  seat  of  government  at  the  most 
eligible  place  in  either  of  those  counties  J''' 

The  motion  received  only  eleven  votes  as 
against  fourteen,  but  the  idea  was  neverthe- 
less fruitful.  It  became  clear  that  here  was 
a  rallying  ground  for  all  who  were  not  en- 
tirely satisfied  with  Mount  Pleasant  to  de- 
feat the  aspirations  of  that  place,  and  also 
avoid  favoring  any  other  existing  rival. 
Nothing  more  w^as  done,  however,  in  the 
House  in  furtherance  of  the  scheme,  but  the 
struggle  there  proceeded  on  other  lines.  Mr. 
Hastings  moved  to  strike  out  Burlington  in 
the  first  section  and  insert  Bloomington; 
and  on  this  motion  he  secured  ten  votes, 
including  that  of  Thomas  Cox. 

Then  a  tempting  bait  was  flung  out  to 


94  THOMAS   COX 

Burlington  in  Hardin  NoAvlin's  motion  to 
make  Burlington  the  permanent  .  capital. 
Some  of  the  Burlington  members  were  true 
to  their  Mount  Pleasant  pledges  and  voted 
against  this  motion,  but  it  received  twelve 
votes  —  lacking  one  only  of  success.  An- 
other motion  intervened ;  and  then  Hawkins 
Taylor  of  Lee  County,  who  had  voted 
against  Nowlin's  motion,  moved  to  recon- 
sider that  vote.  The  reconsideration  car- 
ried; and  then  the  Nowlin  amendment  was 
adopted  by  a  vote  of  fourteen  to  eleven.  The 
vote,  arranged  geographically  was  as  fol- 
lows: Ayes  (in  favor  of  Burlington) — 
Bankson,  Cox,  Nowlin,  and  Swan  (Jackson, 
Dubuque,  and  Clayton  counties),  Roberts 
(Cedar,  Jones,  Linn,  and  Johnson  counties), 
Frierson,  Hastings,  Toole,  and  Thornton 
(Muscatine,  Louisa,  and  Slaughter  coun- 
ties), Taylor  (Lee  County),  Bailey  and  Hall 
(Van  Buren  County),  Beeler  and  Blair 
(Des  Moines  County).  N^oes  (in  favor  of 
Mount  Pleasant) — Patterson,  Brierly,  and 
Price  (Lee  County),  Parker  (Van  Buren 
County),  Delashmutt,  Grimes,  and  Temple 
(Des  Moines  County),  Summers  (Clinton 
and  Scott  counties).  Coop,  Porter,  and  Wal- 
lace (Henry  Count}^). 


LOCATING  THE  CAPITAL  CITY  95 

This  alignment  differed  from  the  first 
vote  on  the  Nowlin  amendment  in  that  Haw- 
kins Taylor  of  Lee  County  and  James  Hall 
of  Van  Buren  County  now  voted  for  instead 
of  against  the  amendment. 

But  the  end  was  not  yet.  Mr.  Taylor 
moved  that  the  bill  be  referred  to  a  select 
committee  of  one  from  each  electoral  dis- 
trict, which  motion  was  carried  by  a  vote  of 
fourteen  to  eleven.  Mr.  Cox  voted  aye,  but 
the  personnel  of  the  vote  was  quite  different 
from  the  former  one.  The  legislature  held 
its  regular  session  on  New  Year's  Day,  1839, 
and  the  select  committee  reported  back  the 
bill  ''with  amendments".  The  Journal  does 
not  record  what  the  amendments  were,  but 
the  inference  is  that  the  committee,  which 
had  been  appointed  by  Speaker  Wallace  (a 
Mount  Pleasant  man)  reported  back  the 
original  plan  of  Burlington  for  the  tempo- 
rary and  Mount  Pleasant  for  the  perma- 
nent capital. 

The  report  was  adopted  by  a  vote  of  thir- 
teen to  eleven,  and  then  a  motion  to  amend 
by  making  Burlington  the  permanent  capi- 
tal was  rejected  by  the  same  vote.  G.  S. 
Bailey  and  James  Hall  of  Van  Buren  and 
George  H.  Beeler  of  Des  Moines,  having 


96  THOMAS   COX 

repented  over  night,  reversed  their  votes  of 
the  day  before. 

Other  routine  and  dilatory  motions  fol- 
lowed until  the  bill  finally  passed  by  the 
same  vote  of  thirteen  to  eleven.  Then  Har- 
din Nowlin  moved  to  amend  the  title  of  the 
bill  to  read:  "A  bill  to  establish  two  seats 
of  government  and  to  squander  the  appro- 
priation for  erecting  public  buildings." 
Six  dilatory  motions  with  three  roll  calls 
followed;  then  Nowlin's  motion  was  lost  b}^ 
a  vote  of  six  to  seventeen.  The  ayes  were 
Cox,  Hastings,  Nowlin,  Roberts,  Taylor, 
and  Toole. 

The  contest  was  now  transferred  to  the 
Council,  and  it  became  at  once  evident  that 
the  leaven  of  Colonel  Cox's  suggestion  had 
worked  its  full  effect  on  that  body,  and  that 
a  fully  detailed  plan  had  received  the  sanc- 
tion of  all  except  the  members  from  Henry 
and  Van  Buren  counties.  On  the  morning 
of  January  second  the  Council  received  a 
message  from  the  House  that  it  had  passed, 
among  other  bills,  ''An  Act  to  locate  the 
Seat  of  Government  of  the  Territory  of 
Iowa." 

James  M.  Clark  of  Louisa  County  and 
Stephen  Hempstead  of  Dubuque  assimied 


LOCATING  THE  CAPITAL  CITY  97 

direction  of  the  new  plan,  which  was  first 
advanced  by  a  motion  of  Mr.  Clark  to  strike 
out  the  second  section  of  the  bill.  The  vote 
on  this  motion  disclosed  the  full  strength  of 
both  factions  in  the  Council,  and  was  as  fol- 
lows :  Yeas  —  Clark,  Hempstead,  Lewis, 
Hepner,  Inghram,  Ralston,  Parker,  Whit- 
tlesey, Browne ;  Nays  —  Hughes,  Payne, 
Keith,  Swazy.  Of  those  who  voted  in  the 
negative,  the  first  two  were  the  members 
from  Henry  County  while  the  other  two 
were  from  Van  Buren  County. 

Then  Mr.  Hempstead  moved  to  insert  a 
new  second  section,  which  after  several  ver- 
bal changes  read  as  follows: 

Sec.  2.  Be  it  further  enacted.  That  the  commission- 
ers hereinafter  mentioned,  or  a  majority  of  them, 
shall,  on  the  first  day  of  May,  in  the  year  eighteen 
hundred  and  thirty  nine,  meet  at  the  town  of  Napo- 
leon, and  proceed  to  locate  the  Seat  of  Government  at 
the  most  eligible  point  within  the  present  limits  of 
Johnson  County. 

This  motion  was  adopted  by  the  same  nine 
to  four  vote  previously  recorded."^^ 

The  Henry  County  members  exhausted 
every  parliamentary  device  and  tested  the 
endurance  of  the  majority  by  roll  calls  on 
amendments  at  every  stage  of  progress  of 


98  TIIO.MAS   COX 

the  bill,  1)ut  the  stalwart  nine  held  their 
ground  \yithout  a  break  in  their  ranks.  The 
bill  was  jDerfected  to  six  sections,  then  re- 
ferred to  the  Committee  on  Territorial  Af- 
fairs and  laid  over  until  the  next  day. 

On  January  3d  the  committee  rej)orted 
the  bill  with  an  additional  section,  which  was 
concurred  in.  Other  efforts  were  made  by 
the  Mount  Pleasant  men  to  amend  or  delay 
its  passage,  but  on  the  final  roll  call  it 
secured  ten  votes  —  Mr.  Keith  of  Van  Bu- 
ren  having  joined  the  majority. 

The  House  took  up  the  bill  as  amended 
^w  the  Council  on  the  same  da}^  made  some 
slight  changes  and  then  passed  it  by  the 
bare  majority  of  thirteen  to  twelve.  As 
compared  with  the  vote  on  January  1st, 
when  Mount  Pleasant  won  by  thirteen  to 
eleven,  that  town  lost  the  votes  of  George 
H.  Beeler  of  Des  Moines  and  Laurel  Sum- 
mers of  Scott  and  gained  that  of  William 
Patterson  of  Lee,  who  had  been  absent  on 
the  first.'** 

When  the  bill  came  to  Governor  Lucas 
for  approval  he  pointed  out  defects  —  which 
he  suggested  could  be  cured  by  a  supplemen- 
tary act  —  and  withheld  his  approval  until 
the  legislature  should  perfect  their  work.  A 


LOCATING   THE    CAPITAL   CITY         99 

"bill  supplementaiy  to  an  act  for  the  loca- 
tion of  the  seat  of  government"  was  there- 
fore introduced  in  the  House  on  the  15th  of 
January.  It  provided  that  so  soon  as  the 
place  was  selected  and  the  consent  of  the 
United  States  obtained  the  commissioners 
should  proceed  to  lay  out  a  to^\Ti ;  that  after 
a  plat  of  the  town  was  recorded  the  Gover- 
nor should  direct  a  sale  of  lots  to  be  held 
imder  direction  of  the  commissioners,  the 
proceeds  of  which  should  go  into  the  Terri- 
torial treasury;  that  the  acting  commis- 
sioner should  give  bonds ;  and  that  the  Gov- 
ernor should  apply  to  Congress  for  a  dona- 
tion of  four  sections  of  land.^*^ 

During  the  consideration  of  the  supple- 
mentary bill  Colonel  Cox  moved  to  insert 
in  the  first  section  the  words,  "to  be  called 
Iowa  Cit}^" — and  the  motion  carried.  Thus 
was  Thomas  Cox  not  only  responsible  for 
the  idea  which  bore  fruit  in  the  selection  of 
a  site  for  the  Territorial  capital  upon  un- 
occupied government  land,  but  it  was  he, 
also,  who  gave  the  cit}^  a  name.  The  su^Dple- 
mentary  act  Avas  passed  by  a  vote  of  six- 
teen to  nine  —  Cox  voting  in  the  negative. 
The  opposition  probably  expressed  to  some 
extent  a  feeline'  of  resentment  towards  t1ic 


100  THOMAS   COX 

Governor  on  account  of  what  was  regarded 
as  executive  dictation  in  the  affairs  of  the 
Legislative  Assembly. 

On  the  18th  of  January  the  two  houses 
met  in  joint  convention  to  elect  the  three 
locating  commissioners,  one  from  each  judi- 
cial district.  For  the  Third  District,  Colo- 
nel Cox  put  in  nomination  his  colleague 
Chauncey  Swan  of  Dubuque.  Swan  was 
elected  by  twenty-nine  votes  against  nine 
which  were  scattering.  For  the  Second 
District,  John  Ronalds  of  Louisa  County 
was  elected  on  the  first  ballot.  For  the  First 
District  five  candidates  were  put  in  nomina- 
tion. Four  ballots  were  taken  without  re- 
sult. The  fifth  ballot  stood:  Eobert  Eal- 
ston  of  Des  Moines  County,  twenty-three 
votes;  John  Claj^poole,  thirteen;  and  Colo- 
nel Cox,  one.  The  original  and  the  supple- 
mentary acts  were  both  approved  by  the 
Governor  on  Januarv  21,  1839. 


XI 

Surveying  the  Capital  City 

The  act  locating  the  Territorial  capital  at 
Iowa  City  provided  that  the  locating  com- 
missioners should  employ  one  or  more 
competent  survej'Ors  and  assistants,  have 
six  hundred  and  forty  acres  laid  out  into 
lots,  out-lots,  streets,  squares,  and  alleys, 
and  have  the  town  platted.  Two  of  the  com- 
missioners (a  majority)  had,  with  much 
tribulation,  succeeded  in  meeting  at  the  tov^n 
of  Napoleon  by  midnight  of  the  1st  day  of 
May,  1839,^^  as  required  by  law,  and  had 
selected  as  a  site  for  the  future  city.  Section 
ten.  Township  seventy-nine  north.  Range 
six  west  of  the  Fifth  Principal  Meridian. 

This  site  had  the  Iowa  River  as  its  west- 
ern boundary,  and  was  very  near  the  geo- 
graphical center  of  Johnson  Coimty.  It  was 
about  a  mile  and  a  half  north  of  the  project- 
ed town  of  Napoleon,  which  contained  only 
two  or  three  buildings.  A  part  of  the  site 
was    r-overed    by   the    claim    of   a    pioneer 


102  THOMAS  COX 

fai'iiier,  but  no  improvements  had  been 
made.  The  entire  tract  was  in  its  wild  and 
natural  state  of  gently  undulating  hills,  cov- 
ered with  a  park-like  growth  of  mingled 
forest  and  prairie. 

On  the  twenty-seventh  of  June  a  meeting 
of  the  commissioners  Avas  held  at  which  it 
was  ordered  that  Thomas  Cox  and  John 
Frierson  be  employed  to  survey  Iowa  City 
and  that  L.  Judson  be  secured  to  draw  the 
necessary  plats.  Colonel  Cox's  colleague  as 
surveyor  had  been  a  consistent  opponent  of 
Mount  Pleasant  and  had  supported  the 
Iowa  City  idea  from  its  first  suggestion.  To 
assist  in  the  work  Colonel  Cox  brought  Avith 
him  John  G.  McDonald,  the  able  deputy 
who  had  aided  him  in  the  survey  of  the 
Jackson  County  townships. 

The  surveyors  began  their  labor  on  the 
1st  day  of  July,  1839.  On  the  fourth  all 
work  was  suspended  for  a  celebration  of  In- 
dependence Day.^^'  The  settlers  for  miles 
around  gathered  on  the  site  of  the  future 
capital.  A  tall  young  oak,  standing  on  the 
spot  which  the  Old  Stone  Capitol  now  occu- 
pies, was  stripped  of  its  branches,  and  the 
stars  and  stripes  were  unfurled  from  its  top 
to  AA\aA^e  for  the  first  time  OA^er  loAA^a's  capi- 


SURVEYING  THE  CAPITAL  CITY       lO;] 

tal  city.  A  picnic  dinner  was  served;  tlie 
Declaration  of  Independence  was  read; 
toasts  were  responded  to;  and  General 
Frierson,  standing  in  a  wagon,  delivered  an 
oration  ''far  surpassing  in  eloquence  and 
ability  the  average  productions  on  similai' 
occasions. ' ' 

Commissioner  Swan,  who  had  been  se- 
lected as  Acting  Commissioner  in  charge  of 
the  work,  in  a  report  to  the  Assembly  says : 

It  is  a  well  known  fact,  especially  to  surveyors,  that 
this  is  a  very  unfavorable  season  of  the  year  for  sur- 
veying in  the  western  country,  in  consequence  of  the 
luxuriant  growth  of  vegetation,  accompanied  by  the 
heavy  dews  that  prevail  at  this  season  of  the  year, 
making  it  almost  impossible  to  commence  the  labors 
of  the  day  at  anything  like  an  early  hour,  without 
exposure  to  sickness  and  death.  The  consequence  is 
that  only  about  two-thirds  of  a  day's  labor  can  be 
performed   in   twenty-four   hours.^'-' 

It  was  necessar}"  to  make  a  special  survey 
of  township  seventy-nine  at  the  same  time 
in  order  to  comply  with  the  act  of  Congress 
which  directed  that  the  location  of  the  capi- 
tal site  should  be  upon  survej^ed  lands.  This 
township  survey  was  made  under  direction 
of  John  Frierson,  who  was  appointed  b}^  the 
Surveyor  General  of  Iowa  and  Wisconsin 
as  a  special  deputy  for  that  purpose. 


104 


THOMAS  COX 


The  bounds  of  the  capital  town  were  de- 
fined by  the  section  lines  thus  established, 
and  a  permanent  monument  was  set  up  to 
mark  the  southeast  corner  of  the  section.  It 
is  a  shaft  of  rough,  gray,  limestone  about 
twelve  inches  square,  and  about  six  feet 
high.  It  stands  today  on  the  edge  of  a  fine 
lawn  of  one  of  the  beautiful  homes  on  Sum- 
mit Street  and  is  festooned  by  a  natural 
growth  of  American  ivy  making  it  an  at- 
tractive feature  of  the  landscape,  as  well  as 
a  novel  historical  relic.  There  are  two  in- 
scriptions on  this  historic  landmark. 


EAST   SIDE 

M.  VANBUREN 

President  of  the  U.  S. 

and 

R.  Lucas 

Gov.  of  tfie  Territory 


WEST  SIDE 

fOWA  CITY 

The  Capital  ol 

Iowa  Territory 

as  situated  on 

Section  No  10. 

Township  79  N.  R. 

6  W  ol  the  5th  Pr  M 

located 

May  4th  1839 

by  Messrs 

Chauncey  Swan 

John   Ronalds 

and 

Robert  Ralston 

Commrs  &  Surveyed 

by  Messrs 

Cox  Frierson  &  Judson 

under  the  direction  ol 

C.  Swan  Actf)  Com 


SURVEYING  THE  CAPITAL  CITY      105 

On  the  surveying  of  Iowa  Cit}^  Acting- 
Commissioner  Swan  reports  as  follows : 

It  required  over  two  thousand  stakes  to  be  used  on 
the  location,  and  something  like  fifty  hewed  posts 
from  six  inches  to  one  foot  square,  and  from  six  to 
nine  feet  long  for  the  corners  of  the  town  plat,  the 
public  square,  and  reservations.  For  boarding  the 
surveyors  and  hands  employed,  I  paid  at  the  rate  of 
four  dollars  per  week.  The  amount  paid  for  survey- 
ing, including  all  the  expenses  of  surveyor's  hands, 
teams,  setting  of  posts,  and  the  necessary  plats  of  the 
city,  as  per  receipts  in  my  office,  is  $1,476.99. 


XII 

Member  of  the  Second  Legislative 
Assembly 

The  Territorial  elections  of  1839  were  held 
in  August,  and  so  the  Democratic  caucus 
to  nominate  legislative  and  other  candidates 
was  held  during  the  absence  of  Colonel  Cox 
at  Iowa  City.  A  change  had  been  made  in 
the  northern  electoral  district  by  which 
Jackson  County  was  allowed  to  elect  one 
member  of  the  House  of  Representatives, 
the  other  counties  joining  in  the  election  of 
the  other  three.  Cox  entertained  no  doubt 
that  his  part}^  was  united  in  supporting  him 
for  a  reelection.  He  especially  relied  upon 
the  aid  of  a  Bellevue  hotel-keeper  by  the 
name  of  W.  W.  Brown,  with  whom  he  had 
associated  on  terms  of  cordial  friendship. 
His  surprise  and  indignation  can  be  imagin- 
ed, therefore,  when  he  learned  that  Brown 
had  so  manipulated  the  convention  as  to  ob- 
tain the  nomination  for  himself. 

Immediately  upon  his  return  home  the 


SECOND  LEGISLATIVE  ASSEMBLY     107 

Colonel  announced  himself  as  an  independ- 
ent candidate.  Suspicions  were  becoming 
rife  that  Brown  was  not  entirely  innocent 
of  connection  with  gangs  of  horse  and  cattle 
thieves  and  counterfeiters  that  seemed  to 
infest  the  timber  country  and  who  were  sus- 
pected of  being  frequent  guests  at  his  hos- 
telry. Blinded  by  his  liking  for  the  genial 
boniface,  Colonel  Cox  had  refused  to  share 
in  the  distrust  felt  by  many  of  his  neighbors 
until  his  ej^es  were  opened  by  the  rank 
treacher}^  of  his  whilom  friend.  Closer 
investigation  revealed  damning  evidence 
which  was  used  with  effect  in  the  campaign 
which  followed,  and  Cox  was  reelected  by  a 
round  majority. 

The  Second  Legislative  Assembly  of  the 
Territory  of  Iowa  convened  at  Burlington 
on  the  fourth  day  of  November,  ISSO.**^ 
Colonel  Cox  found  among  his  colleagues  in 
the  House  of  Representatives  only  six  who 
had  been  members  the  previous  session,  Lee 
County  had  returned  Colonel  William  Pat- 
terson ;  Van  Buren  County,  James  Hall  and 
Dr.  Gideon  S.  Bailey;  Hemy  County,  Wil- 
liam G.  Coop ;  Muscatine  County,  S.  C.  Has- 
tings; and  Scott  County,  Laurel  Summers. 
Some  notably  strong  men  appeared  among 


108  THOMAS   COX 

the  new  members.  Sheplierd  Leffler  of  Bur- 
lington became  a  member  and  President  of 
the  Constitutional  Convention  of  184-1:,  was 
elected  to  Congress  when  Iowa  was  admit- 
ted as  a  State  in  1846,  and  to  that  position 
was  twice  reelected.  Edward  Johnston,  who 
was  a  leading  lawyer  of  Keokuk,  and  a  mag- 
nificent specimen  of  physical  manhood,  be- 
came at  once  prominent  in  his  legislative 
career.  He  was  District  Attorney  for  the 
Territory  in  1845  and  1846. 

The  Representatives  from  the  Dubuque- 
Clayton  district  —  all  new  men  —  were: 
General  James  Churchman,  a  brilliant  law- 
yer, but  somewhat  eccentric ;  Loring  Wheel- 
er, a  New  Hampshire  man  who  had  come  to 
Dubuque  with  the  first  settlers  in  1832  and 
had  previously  served  in  the  first  Wiscon- 
sin Assembly;  and  Edward  Langworthy, 
also  an  1832  settler  and  one  of  the  principal 
lead  mine  owners.  At  the  close  of  his  leg- 
islative term,  Wheeler  removed  to  De  Witt, 
in  Clinton  County,  becoming  the  original 
proprietor  of  that  to\\Ta  site. 

When  the  election  for  Speaker  came  on, 
Mr.  Hastings  nominated  Edward  Johnston 
of  Keokuk.  Mr.  Wheeler  nominated  James 
Churchman  of  Dubuque.    These  were  party 


SECOND  LEGISLATIVE  ASSEMBLY     109 

nominations — ^  Hastings  and  Johnston  be- 
ing Democrats,  and  Wheeler  and  Church- 
man, Whigs.  The  result  of  the  ballot  was 
as  follows:  Johnston,  seventeen;  Church- 
man, six,  Thomas  Cox,  one;  Alfred  Rich, 
one.  During  the  election  of  minor  officers 
Mr.  Langworthy  nominated  for  Doorkeeper, 
John  G.  McDonald  of  Jackson  County 
(Colonel  Cox's  intimate  friend  and  asso- 
ciate in  his  surveying  operations)  and  he 
received  the  wdiole  number  of  votes  given. 

On  the  second  day  of  the  session  Cox  was 
appointed  on  a  committee  to  prepare  stand- 
ing rules  for  the  House  and  on  a  committee 
to  draft  a  memorial  to  Congress  on  the  sub- 
ject of  mail  routes.  When  the  standing 
committees  were  appointed  he  was  made 
Chairman  of  the  Committee  on  Internal 
Improvements,  and  a  member  of  the  com- 
mittees on  Militia  and  on  Territorial  Affairs. 

The  session  of  the  Assembty  had  but 
fairly  begun  when  the  members  were 
shocked  by  the  news  of  the  death  of  the 
brilliant  but  erratic  Secretary  of  the  Terri- 
tory, William  B.  Conway.  The  unfriendly 
relations  from  which  Governor  Lucas  had 
suffered  during  the  previous  session  were 
thus  ended,  Init  in  a  way  which  he  could  not 


no  THOMAS   COX 

have  at  all  desired.  Secretary  Conway  was 
succeeded  in  office  by  James  Clarke,  a  native 
of  Pennsylvania.  Clarke  had  established  a 
newspaper  at  Belmont,  Wisconsin,  in  1836, 
when  it  was  made  the  capital  of  that  Terri- 
tory, but  had  removed  it  to  Burlington  with 
the  removal  of  the  capital.  His  paper  bore 
the  name  of  the  Iowa  Territorial  Gazette, 
and  under  the  title  of  the  Burlington  Ga- 
zette is  still  published.  Mr.  Clarke  was  a 
son-in-law  of  General  Henry  Dodge,  Gov- 
ernor of  Wisconsin  Territor}^,  and  was  af- 
terwards appointed  by  President  James  K. 
Polk  the  third  Governor  of  the  Territory  of 
Iowa. 

As  in  the  preceding  session  Colonel  Cox, 
not  being  a  lawyer,  took  little  part  in  the 
enactment  of  laws  affecting  legal  procedure, 
but  in  the  practical  matters  indicated  by  his 
committee  assignments  and  in  the  details  of 
parliamentary  routine  he  was  much  in  evi- 
dence and  was  recognized  as  a  leader.  On 
the  twentj^-sixth  of  November  the  Commit- 
tee on  Territorial  Affairs,  of  which  he  was 
a  member,  presented  majority  and  minority 
reports  on  the  advisability  of  seeking  for 
the  admission  of  Iowa  into  the  Union  as  a 
State. 


SECOND  LEGISLATIVE  ASSEiNlBLY    HI 

The  conclusions  of  the  majority  were  that 
the  time  had  not  yet  arrived  when  the 
sparsely  settled  Territory  could  safely  as- 
sume the  responsibilities  of  Statehood.  This 
report  was  signed  by  James  Churchman, 
Thomas  Cox,  Laurel  Summers,  and  George 
H.  Walworth.  The  minority  report  favor- 
ing action  leading  to  admission  as  a  State 
was  made  by  Alfred  Rich  of  Keokuk.  The 
majority  at  the  close  of  their  report  sub- 
mitted the  following: 

Resolved,  that  it  is  inexpedient  to  take  any  prepara- 
tory steps  for  admission  into  the  Union  at  the  pres- 
ent session  of  the  Legislative  Assembly. 

This  resolution  was  adopted  by  a  vote  of 
twenty-one  to  four  —  the  negative  votes  be- 
ing Hall,  Patterson,  Rich,  and  Johnston 
(Speaker).  It  may  be  noted,  though  prob- 
ably the  fact  is  without  special  significance, 
that  the  majority  of  the  committee  were 
from  the  northernmost  districts,  and  the 
minority  votes  for  Statehood  were  all  from 
the  extreme  south  of  the  Territory. 

The  changed  conditions  produced  by  the 
act  of  Congress  in  regard  to  the  veto  power 
of  the  Governor  evidently  had  little  effect 
on  the  mind  of  Colonel  Cox  in  his  view  of 
the  question  involved  —  if  we  may  judge  by 


112  THOMAS  COX 

his  votes  during  this  session.  In  no  case  in 
which  vetoed  measures  came  up  for  recon- 
sideration did  the  Colonel  cast  a  vote  to  sus- 
tain the  Executive.  The  veto  by  Governor 
Lucas  of  the  legislative  resolutions  on  the 
Missouri  boundary  dispute  will  receive  men- 
tion in  another  chapter. 

A  veto,  on  December  19th,  of  a  bill  to 
create  the  office  of  public  printer  was  made 
on  the  ground  that  the  Organic  Act  did  not 
permit  appointments  b}^  an  election  by  the 
legislature  on  joint  ballot.  This  was  a  topic 
of  acute  difference  at  the  previous  session, 
and  Cox  was  one  of  eight  who  wished  to 
overrule  the  Governor's  opinion.  An  exact- 
ly similar  situation  was  presented  in  a  bill 
to  appoint  a  librarian  by  joint  ballot.  The 
Governor's  veto  was  sustained  by  a  vote  of 
sixteen  to  six  —  Cox  being  one  of  the  six. 
And  when  another  bill  was  introduced  to 
appoint  a  librarian  on  the  Governor's 
terms,  Mr.  Cox  moved  to  reject  the  bill;  but 
in  this  opposition  he  obtained  the  support 
of  only  one  other  member,  Mr.  Langworthy. 


XIII 

The  Bouxdary  Dispute 

DuEiNG  the  second  session  of  the  Territorial 
Assembly  a  dispute  which  had  arisen  be- 
tween the  authorities  of  the  State  of  Mis- 
souri and  those  of  the  Territory  of  Iowa 
regarding  the  boundary  line  which  sepa- 
rated the  two  jurisdictions  came  to  a  crisis 
which  was  met  in  a  manner  well  illustrating 
the  martial  disposition  of  the  early  pio- 
neers.®^ 

The  enabling  act,  by  which  Congress  in 
1820  authorized  Missouri  to  form  a  State 
government,  in  a  clumsy  attempt  to  make 
the  north  boundary  of  that  State  conform 
to  what  was  known  as  the  Indian  Boundary 
Line  or  Sullivan  Line  of  1816  had  used  the 
words  *' rapids  of  the  river  Des  Moines"  as 
a  point  on  that  Indian  boundary,  when  in 
fact  no  rapids  exist  in  the  Des  Moines  River, 
The  term  evidently  referred  to  the  Des 
Moines  Rapids  of  the  Mississippi  River. 

The  same  ambiguous  language  defining 


114  THOMAS  COX 

its  northern  boundary  having  been  incor- 
porated into  the  Constitution  of  the  State 
of  Missouri,  the  legislature  of  that  State  in 
December,  1836,  ordered  a  new  survey  in 
which  the  old  Indian  boundary  line  was  ig- 
nored. The  surveyor  detected  a  riffle  in  the 
current  of  the  Des  Moines  River  at  low 
water  in  the  great  bend  near  Keosauqua,  and 
despite  the  fact  that  the  term  ' '  rapids  of  the 
river  Des  Moines'^  had  never  been  applied 
to  this  or  to  any  other  point  on  the  Des 
Moines  River,  he  selected  it  as  his  point  of 
departure  and  ran  a  line  due  west.  This 
line  was  about  thirteen  miles  north  of  the 
old  northwest  corner  of  the  State  of  Mis- 
souri, and  so  appropriated  for  that  State  a 
strip  of  land  which  had  been  settled  by 
claimants  who  regarded  themselves  as  citi- 
zens of  the  Territory  of  lowa.^*^ 

Threatened  attempts  on  the  part  of  Mis- 
souri authorities  to  collect  taxes  in  the  dis- 
puted tract  aroused  a  formal  protest  by  the 
County  Conmiissioners  of  Van  Buren  Coun- 
ty to  Governor  Lucas  in  July,  1839.  This 
was  followed  by  a  series  of  proclamations 
and  counter-proclamations  by  Governor 
Lucas  and  Governor  Boggs  of  Missouri.^^ 
Lucas  insisted  that,  as  a  Territory,  Iowa 


THE  BOUNDARY  DISPUTE  115 

represented  the  United  States  in  the  contro- 
versy and  should  abide  strictly  by  the  de- 
cision of  Congress,  bnt  until  that  was  given 
the  boundary  which  had  been  recognized  by 
the  general  government  would  be  main- 
tained. 

The  rumored  mobilization  of  troops  on 
the  part  of  Missouri  to  invade  the  disputed 
strip  and  the  serious  aspect  of  affairs  on 
the  border  prompted  Governor  Lucas  some 
time  later  to  notify  the  three  Major  Gen- 
erals of  the  militia  to  hold  themselves  in 
readiness  at  any  time  to  supply  the  United 
States  Marshal  for  the  Territory  with  what- 
ever armed  forces  he  might  require  as  a 
posse  comitatus;  and  a  number  of  compa- 
nies recruited  for  this  purpose  in  different 
parts  of  the  Territory  took  up  the  march 
toward  the  scene  of  action  in  Van  Buren 
County.  Moreover,  as  a  preliminary  to  any 
military  operations  it  was  deemed  wise  to 
send  an  embassy  to  meet  and  come  to  an 
understanding  with  the  authorities  of  Mis- 
souri. General  Augustus  C.  Dodge,  James 
Churchman,  and  James  A.  Clark  were 
selected  to  act  as  such  embassy.  They  de- 
parted at  once  for  the  hostile  camp  at 
Waterloo,  Missouri.®^ 


116  THOMAS   COX 

The  excitement  in  Zion  Church  at  Bur- 
lington, where  the  legislature  was  in  session, 
was  intense,  and  is  reflected  by  the  records 
in  the  Journal.  Near  the  close  of  the  ses- 
sion of  the  House,  on  December  6th,  Alfred 
Rich  offered  the  following : 

Whereas,  we  have  recently  received  intelligence 
that  a  certain  set  of  men  acting^  under  color  of  author- 
ity from  the  state  of  Missouri,  have  been  committing 
outrages  upon  the  persons  and  property  of  our  citi- 
zens.    And, 

Whereas,  companies  of  armed  men  are  infesting 
our  southern  border,  plundering  our  citizens  and  stop- 
ping our  mails.  And,  further,  it  is  expected  that  a 
portion  of  our  Territory  will  shortly  be  invaded  by 
a  hostile  force,  therefore, 

Resolved,  That  it  is  the  duty  of  this  House  to  ad- 
journ to  some  subsequent  day  to  aid  in  protecting  the 
rights  of  our  citizens.*'' 

The  debate  that  followed  does  not  appear 
in  the  Journal,  but  we  can  well  imagine  its 
character.  It  ended,  however,  in  the  adojD- 
tion  of  a  motion  by  Hon.  James  Hall  of  Van 
Buren  ''that  the  preambles  and  resolution 
l)e  laid  on  the  table  until  tomorrow."  No 
further  action  on  this  particular  resolution 
seems  to  have  been  taken,  or  the  matter 
])rought  up  again  in  an}^  form  until  the 
ninth,  which  was  the  following  Monday. 


THE  BOUNDARY  DISPUTE  117 

In  the  meantime  the  Iowa  embassy,  Gen- 
eral Dodge  and  his  companions,  had  reached 
Waterloo,  the  county  seat  of  Clark  County, 
Missouri,  where  the^^  found  that  more  peace- 
ful counsels  had  prevailed:  the  County 
Court  had  rescinded  their  order  for  the  col- 
lection of  taxes  in  the  disputed  tract;  Gen- 
eral Allen  and  his  forces  had  withdrawn; 
and  a  special  delegation  had  been  sent  to 
wait  upon  Governor  Lucas  and  the  Iowa 
legislature  at  Burlington.  On  receiving  this 
information  the  embassy  returned  to  head- 
quarters, and  the  Iowa  forces  were  dis- 
banded and  permitted  to  return  to  theii* 
homes. 

Colonel  McDaniels  and  Dr.  Wayland,  the 
representatives  of  Clark  County,  found 
Governor  Lucas  very  finn  in  his  refusal  to 
negotiate  upon  any  terms,  since  he  con- 
tended that  the  dispute  was  with  the  United 
States,  and  that  the  Territory  of  Iowa  had 
no  jurisdiction  or  authority  in  the  premises. 
Theii'  interviews  with  members  of  the  leg- 
islature, however,  resulted  in  action  by  that 
body.  It  was  on  the  9th  of  December  that 
Shepherd  Leffler  of  Burlington  introduced 
into  the  House  the  following  verbose  pre- 
ambles and  resolutions: 


118  THOMAS  COX 

Whereas,  an  ue fortunate  crisis  has  arrived  in  the 
difficulties  hitherto  existing  between  the  State  of 
Missouri  and  the  Territory  of  Iowa,  in  relation  to  the 
boundary  line  between  the  two  governments;  and 

Whereas,  the  Territory  of  Iowa  under  any  circum- 
stances, would  deprecate  any  military  collision  be- 
tween the  forces  of  said  State  and  Territory,  fully 
believing  that  the  most  friendly  feelings  exist  between 
the  great  mass  of  the  citizens  of  the  respective  par- 
ties; and 

Whereas,  the  organic  law  of  said  Territory  renders 
it  impossible  for  the  constituted  authorities  of  said 
Territory  to  accede  to  the  propositions  hitherto  made 
by  the  citizens  of  Missouri,  although  they  fully  recip- 
rocate the  kind  feelings  evinced  by  the  late  delega- 
tion, from  the  county  court  of  Clarke  county.  There- 
fore 

Resolved,  by  the  Council  and  House  of  Represent- 
atives of  the  Territory  of  Iowa,  That  the  officers  now 
on  duty  on  the  part  of  the  State  of  Missouri  be 
respectfully  requested  to  suspend  all  further  military 
operations  on  the  part  of  the  said  State  until  these 
resolutions  can  be  submitted  to  his  Excellency,  Gov- 
ernor Boggs. 

Resolved,  That  his  Excellency  Governor  Boggs,  be 
requested  to  authorize  a  suspension  of  hostilities  on 
the  part  of  the  State  of  Missouri  until  the  first  day 
of  July  next,  with  a  view  of  having  the  unfortunate 
difficulties  now  existing  between  the  State  of  Mis- 
souri and  the  Territory  of  Iowa  adjusted  by  the  ac- 
tion of  Congress. 

Resolved,    That   his    Excellency    the    Governor   of 


THE  BOUNDARY  DISPUTE  1]9 

Iowa  be  requested  to  suspend  all  further  military 
operations  until  the  decision  of  his  Excellency  Gov- 
ernor Boggs,  may  be  obtained  relative  to  the  proposi- 
tions herein  contained. 

Resolved,  That  a  committee  of  three  on  the  part  of 
the  House  of  Representatives  be  appointed  to  act  in 
conjunction  with  a  similar  committee  on  the  part  of 
the  Council  to  submit  these  resolutions  to  the  civil 
and  military  authorities  of  the  State  of  Missouri,  and 
to  confer  with  the  said  authorities  on  the  propositions 
herein  contained.^'^ 

The  rules  were  suspended  at  the  different 
stages  of  legislative  procedure,  and  the  reso- 
lutions were  brought  to  a  vote  without  other 
business  intervening  and  passed  without  a 
roll  call.  Leffler,  Bailey,  and  Patterson 
were  appointed  a  committee  under  the 
fourth  resolution.  The  Council  passed  the 
preamble  and  resolutions  with  amendments 
to  which  the  House  agreed.  During  the 
same  day  other  startling  intelligence  must 
have  arrived,  by  what  during  the  Civil  War 
received  the  suggestive  name  of  "grape  vine 
telegraph";  for  the  Journal  records  that 
Dr.  G.  S.  Bailey  of  Van  Buren  County  of- 
fered the  following: 

Whereas,  intelligence  has  just  arrived  that  an 
armed  force  in  the  State  of  Missouri,  consisting  of 
six  thousand  men  strong,  are  on  their  march  to  take 


120  THOMAS   COX 

possession  of  the  tract  of  land  now  in  dispute  between 
the  State  of  Missouri  and  this  Territory,  And  where- 
as, such  intelligence  calls  loudly  upon  this  House  for 
an  adjournnient  in  order  to  assist  our  citizens  in 
maintaining  peace  or  aiding  them  in  the  defense  of 
their  rights;  therefore 

Resolved,  by  the  Council  and  House  of  Represent- 
atives of  the  Territory  of  Iowa,  That  the  Legislative 
Assembly  do  now  adjourn  till  the  20th  of  the  present 
instant. 

The  rules  were  suspended,  the  House  went 
into  Committee  of  the  Whole  under  the 
chairmanship  of  Loring  Wheeler  of  Du- 
buque and  reported  back  the  subject  without 
amendment,  when,  on  motion  of  J.  C.  Haw- 
kins of  Burlington,  the  preambles  were 
stricken  out.  Finally,  on  motion  of  Leffler 
the  resolution  was  laid  on  the  table  and  the 
House  adjourned  until  Friday. 

Governor  Lucas  did  not  take  at  all  kindly 
to  the  Leffler  resolutions,  since  he  regarded 
them  as  contravening  his  position  that  the 
Territory  of  Iowa  had  no  jurisdiction  to 
make  terms  or  settle  a  dispute  that  belonged 
wholly  with  the  general  govermnent.  He 
set  forth  these  views  at  length  in  a  message 
sent  to  the  legislature  on  the  17th  of  De- 
cember, in  which  he  returned  the  resolutions 
without  his  approval. 


THE   BOUNDARY  DISPUTE  TJl 

In  the  House  a  majority  sufficient  to  pass 
the  resolutions  over  his  veto  stubbornly  ad- 
hered to  their  opinion  of  the  wisdom  of  the 
measure.  The  vote  stood  fourteen  to  six, 
Cox  voting  with  the  majority.  Probably 
part  of  that  vote  was  an  echo  of  the  contro- 
versy of  the  previous  year.  Those  voting  to 
sustain  the  Governor  were  Churchman, 
Langworthy,  and  Wheeler  of  Dubuque, 
Lash  and  Myers  of  Henry,  and  Walworth 
of  Jones.  On  the  next  day  a  motion  to  print 
twelve  hundred  copies  of  the  preamble  and 
resolutions,  together  with  the  veto  message 
of  the  Governor,  was  carried  by  a  vote  of 
twenty  to  four,  Churclnuan,  Langworthy, 
Lash,  and  Myers  casting  the  only  negatives. 

Governor  Boggs  and  the  Missouri  authori- 
ties took  advantage  of  the  conciliatory  tone 
of  the  legislative  resolutions  to  retreat  with 
dignity;  and  the  controversy  finally  closed 
with  a  decision  of  the  Supreme  Court  of  the 
United  States  in  1848  declaring  the  Sullivan 
Line  the  true  and  proper  southern  bound- 
arv  of  Iowa. 


XIV 

A  Gang  of  Thieves  and  Outlaws 

When  Colonel  Cox  returned  home  after  the 
adjournment  of  the  legislature  in  January, 
1840,  he  found  his  county  in  a  state  of  in- 
tense excitement  over  developments  in  re- 
gard to  the  existence  within  its  limits  of  a 
regularl}^  organized  gang  of  criminals,  who 
were  responsible  for  thefts  of  horses  and 
cattle  and  the  passing  of  counterfeit  money. 
These  acts  which  had  become  alamiingly 
prevalent  finall}"  culminated  in  an  alterca- 
tion in  which  one  of  the  outlaws  had  been 
killed  and  his  slayer,  a  valued  citizen,  was  in 
imminent  danger  of  being  sacrificed. 

Subsequent .  developments  make  it  clear 
that  at  this  time  a  tract  of  country  embrac- 
ing southern  Michigan,  northern  Indiana, 
and  northwestern  Ohio  was  infested  with 
gangs  of  outlaws  who,  under  the  guise  of 
respectable  farmers  and  business  men,  were 
actively  engaged  in  stealing  horses,  coining 
spurious    money,    and    perpetrating    other 


THIEVES  AND  OUTLAWS  123 

criminal  acts.  At  convenient  points  tlirougli- 
out  the  country  there  were  ''stations"  — 
generally  some  farm  house  where  horses 
were  received  from  a  distant  point  and 
those  stolen  from  near  by  secreted  until 
they  could  be  removed  to  another  station  of 
the  chain.  Thus  the  stolen  property  could 
be  sold  at  a  distance  from  the  locality  where 
it  would  have  been  known  and  recognized. 
As  new  settlements  came  into  existence 
farther  west  the  nefarious  scoundrels  took 
advantage  of  the  opportunity  to  extend  the 
field  of  their  dastardly  operations.  Thus 
vice  as  well  as  virtue  followed  the  flag  to  new 
acquisitions.'^^ 

In  1837  a  small  party  of  emigrants  came  to 
Bellevue  from  Coldwater,  Michigan.  They 
were  intelligent  men,  drove  good  teams, 
brought  plenty  of  furniture,  and  seemed  in 
better  financial  circumstances  than  most  of 
the  pioneers  of  the  day.  The  evident  leader 
of  the  party  was  one  William  W.  Brown,  a 
man  of  fine  personal  appearance  and  engag- 
ing manners.  The  party  all  bought  lots  in 
the  village  from  original  claimants  —  no 
land  as  yet  being  in  the  market  from  the 
government.  Brown,  moreover,  purchased 
from  Peter  Dutell  a  newlv  erected  two  storv 


124  THOMAS  COX 

frame  building  and  opened  it  as  a  hotel. 
This  business  l)rought  him  into  close  contact 
with  all  the  settlers  of  the  little  Aillage  and 
new  arrivals  therein,  with  whom  his  genial, 
generous  disposition  made  him  at  once  a 
prime  favorite.  His  wife,  too,  was  a  hand- 
some, accomplished  lady  whose  womanly 
manner  and  kind  ways  won  her  an  esteem 
and  respect  wliich  subsequent  events  had  no 
power  to  weaken. 

Brown  at  once  became  active  in  political 
matters,  and  his  unscrupulous  character  was 
shown  in  connection  with  the  first  organiza- 
tion of  Jackson  County.  The  AVisconsin 
Territorial  legislature  had  met  at  Burling- 
ton in  the  fall  of  1837,  and  during  that  ses- 
sion had  subdivided  Dubuque  County,  creat- 
ing among  others  the  County  of  Jackson. 
It  became  necessary  for  Governor  Dodge  to 
appoint  a  Sheriff  wdiose  first  duty  would  be 
to  take  charge  of  the  organizing  of  the  new 
county.  When  William  A.  Warren  of  Belle- 
vue  called  upon  the  Governor  to  suggest  a 
candidate  for  the  place  he  was  confronted 
with  a  petition  sighed  by  a  long  list  of  names 
from  Bellevue,  asking  for  the  appointment 
of  W.  W.  Brown.  Governor  Dodge  regard- 
ed this  as  so  evident  an  indication  of  the 


THIEVES  AND  OFTLAWS  125 

choice  of  the  people  that  he  resolved  to 
accede  to  the  j^rayer  of  the  petition.  The 
next  day  he  sent  for  Warren  and  showed 
him  his  own  name  signed  to  the  petition,  a 
matter  which  had  been  overlooked  on  first 
examination. 

The  myster}^  was  explained.  A  petition 
had  been  circulated  asking  certain  action  in 
regard  to  the  northern  boundary  of  the 
county,  but  the  legislature  having  already 
settled  the  matter  the  paper  was  not  sent. 
Mr.  Brown  cut  off  the  head  of  the  petition 
and  attached  another  asking  for  his  own  ap- 
pointment as  Sheriff.  The  Governor  finally 
settled  the  matter  by  appointing  William  A. 
Warren  as  organizing  Sheriff  —  a  position 
which  he  held  by  successive  appointment 
and  elections  until  1845.^^ 

During  the  first  winter  of  his  residence  in 
Bellevue,  Brown  engaged  in  cutting  wood 
m  the  island  opposite  the  town,  which  he 
sold  to  steamboats  for  fuel ;  and  in  this  work 
he  emplo3^ed  about  twenty  men.  Counter- 
feit money  which  began  to  appear  in  circu- 
lation at  this  time  was  frequently  traced  to 
the  possession  of  Brown's  men.  Moreover, 
there  were  always  boarders  in  Brown's  hotel 
whose  means  of  support  were  not  obvious. 


126  THOMAS  COX 

Depredations  on  the  property  of  settlers 
grew  frequent,  cattle  as  well  as  horses  being 
stolen. 

Similar  complaints  came  also  from  the 
scattered  settlements  in  Jones,  Cedar,  and 
Linn  counties,  followed  by  a  proposition 
that  a  Protective  Association  be  formed  to 
aid  in  ferreting  out  the  robbers.  Colonel 
Cox,  with  Sheriff  Warren  and  James  K. 
Moss  of  Bellevue  —  who  in  1838  had  been 
appointed  the  first  Probate  Judge  of  the 
county  —  proceeded  to  Linn  Grove,  in  Linn 
County,  to  assist  in  the  organization  of  such 
a  society.  They  crossed  the  Wapsipinicon 
where  Fairview  is  now  located,  and  were 
joined  there  by  some  Jones  County  settlers. 
The  meeting  at  Linn  Grove  was  well  attend- 
ed by  delegates  from  Cedar,  Linn,  and  Jones 
counties,  and  a  "Citizens'  Association"  was 
fully  organized.  Colonel  Cox  made  a  speech 
expressing  his  strong  detestation  of  the  law- 
less acts  that  were  becoming  prevalent  and 
urging  the  honest  settlers  to  band  together 
and  stamp  out  by  the  most  effective  meas- 
ures the  criminals  who  were  staining  the 
fair  fame  of  the  new  Commonwealth. 

Brown's  engaging  manners,  nevertheless, 
continued  to  gain  him  friends,  and  in  1839 


THIEVES  AND  OUTLAWS  127 

he  obtained  a  commission  as  Justice  of  the 
Peace.  He  made  a  practice,  also,  of  appear- 
ing before  the  courts  as  counsel,  or  petti- 
fogger, and  in  that  capacity  frequently  de- 
fended his  boarders,  who  could  not  always 
escape  suspicion  and  arrest  for  the  preva- 
lent crimes  that  were  exasperating  the  com- 
munity. Alibis  were  always  proved  and  by 
the  same  set  of  witnesses. 

Early  in  1839  one  Thomas  Davis,  who 
lived  at  the  forks  of  the  Maquoketa,  lost  a 
yoke  of  fine  oxen  which,  however,  were 
found  hidden  in  Belle vue  where  they  had 
been  taken  by  a  neighbor  named  Groff. 
Later  a  horse  which  Groif  claimed  to  have 
bought  of  Brown  was  discovered  to  have 
been  stolen  from  Illinois  and  was  given  up 
to  the  owner.  Davis  accused  Groff  of  both 
thefts.  The  two  men  met  in  Bellevue  in 
April,  1839,  when  Groff  shot  Davis  with  a 
gun  which  he  had  borrowed  from  Brown. 
The  trial  of  the  homicide  came  on  at  a  spe- 
cial teiTii  of  couii;  and  he  was  acquitted  on 
the  plea  of  insanity."'' 

Thus  the  suspicion  that  Brown's  hotel  was 
a  rendezvous  for  criminals  and  that  Brovni 
was  an  abettor  of  their  acts  if  not  a  leader 
grew  into  conviction  in  the  minds  of  many 


128  THOMAS   COX 

of  the  best  citizens  of  the  county.  Colonel 
Cox,  however,  had  great  confiden(.^e  in 
Brown's  personal  probitj^  until  his  treach- 
erous character  was  revealed  in  the  conven- 
tion of  which  mention  was  made  in  a  pre- 
^  vious  chapter. 

It  was  shortly  after  this  that  a  former 
Sangamon  County  colleague  and  intimate 
friend  of  Colonel  Cox,  Mr.  Ebenezer  Brig- 
ham,  then  a  member  of  the  Wisconsin  Ter- 
ritorial Assembly  residing  at  Blue  Mounds, 
api3eai'ed  at  Bellevue  with  a  friend  in  search 
of  a  span  of  stolen  horses.  His  description 
of  the  animals  convinced  the  Sheriff  that 
they  were  a  pair  that  had  been  taken  by  him 
a  few  weeks  before  from  one  of  Brown's 
boarders  under  suspicion  that  they  had  been 
stolen,  but  which  through  the  connivance  of 
Brown  had  been  reclaimed  by  a  j)i'etended 
owner  and  removed  across  the  river.  When 
Colonel  Cox  learned  the  truth  in  regard  to 
his  friend's  loss  he  declared  open  war  on 
Brown,  and  from  that  day  nei^er  relented 
in  his  hostility  towards  him. 

One  of  the  most  notorious  of  the  criminals 
making  his  home  at  Brown's  hotel  in  1839 
was  James  Thompson.  He  was  particularly 
active   in   passing   counterfeit   money,   for 


THIEVES  AND  OUTLAWS  129 

which  he  was  twice  arrested  —  but  was  dis- 
charged through  the  efforts  and  testimony 
of  his  associates.  He  was  again  arrested,  to- 
gether with  one  William  Fox,  for  robbery 
of  stores  in  Galena,  W.  W.  Brown  being 
charged  with  receiving  the  stolen  goods.  All 
were  discharged,  however,  on  technicalities. 
Among  those  most  active  during  the  fall 
and  winter  of  1839  in  efforts  to  bring  to  jus- 
tice the  desperadoes  was  James  C.  Mitchell, 
an  energetic  business  man  of  influence  and 
high  character.  He  thus  incurred  the  bitter 
hatred  of  James  Thompson  in  particular, 
who  at  different  times  indulged  in  hostile 
threats.  As  Jackson  Day,  January  8,  1840, 
approached  preparations  were  made  for  its 
observance  at  Bellevue  by  a  grand  ball,  as 
was  then  the  usual  custom.  Mitchell,  as  one 
of  the  managers  of  the  occasion,  insisted 
bhat  Brown  and  his  associates  should  not  be 
allowed  to  participate  in  the  festivities,  a 
position  which  was  endorsed  by  the  other 
managers.  Thompson,  incensed  by  this 
ostracism  and  influenced  by  deep  potations 
of  whiskey,  got  together  a  few  other  desper- 
ate spirits  and  proceeded  to  rob  Mitchell's 
house  during  his  absence  at  the  ball.  Bo- 
sides   removing  many  valuables   from   the 


130  THOMAS  COX 

house,  they  found  therein  a  young  lady  rela- 
tive of  Mitchell's  who  had  remained  at  home. 
To  this  young  lady  Thompson  offered  such 
indignities  that  she  escaped  in  scanty  attire 
and  reached  the  ballroom  nearly  dead  from 
fright  and  exhaustion. 

Mitchell  soon  learned  the  damning  facts, 
borrowed  a  pistol,  and  started  out  alone  to 
find  Thompson  who,  indeed,  had  determined 
to  finish  his  night's  work  by  killing  Mitchell. 
Along  with  Absalom  Montgomerj^  —  a  noto- 
rious character  living  near  the  forks  of  the 
Maquoketa  — Thompson  started  towards  the 
])allroom,  a  pistol  in  one  hand  and  a  bowie 
knife  in  the  other.  The  two  men  met  on  the 
street;  and,  despite  the  warning  of  Mont- 
gomery who  tried  to  dissuade  them  from 
violence,  they  approached  within  a  few 
paces.  Both  attempted  to  fire,  but  Mitchell's 
weapon  alone  was  discharged  and  Thomp- 
son fell  shot  through  the  heart. 

Montgomer}^  found  Sheriff  Warren  and 
the}^  were  the  first  to  visit  the  corpse. 
Mitchell  returned  to  the  hotel  in  which  the 
ball  was  held  and  surrendered  himself  to 
Deputy  Sheriff  James  F.  Hanby.  Thomp- 
son's friends,  to  the  nmnber  of  fifteen  or 
twenty,  deeply  incensed  at  his  death,  made 


THIEVES  AiND  OUTLAWS  131 

their  appearance  at  the  place  of  Mitchell's 
refuge  and  demanded  his  surrender.  Mitch- 
ell, with  two  friends  who  were  armed,  and 
the  women  of  his  famil}^  retreated  up-stairs. 
Here  by  their  threatening  attitude  they  kept 
off  the  assailants  until  the  Deputy  Sheriff 
brought  Sheriff  Warren  to  the  scene.  He 
assured  Brown,  who  was  one  of  the  party, 
that  Mitchell  would  be  kept  in  custody  of 
the  law;  whereupon  BroAvn  persuaded  his 
wild  followers  to  disperse. 

There  being  no  jail  in  the  county  at  the 
time,  Mitchell  was  kept  in  irons  in  a  room 
under  guard  for  a  time,  and  then,  by  the 
authority  of  the  County  Commissioners,  he 
was  placed  under  guard  in  his  own  house,  it 
being  deemed  most  necessary  to  secure  his 
protection  from  mob  violence  as  his  attempt 
to  escape  was  not  feared.  During  his  deten- 
tion a  plot  was  laid  by  Fox,  Long,  and  three 
others  to  blow  up  the  house  and  thus  destroy 
Mitchell  and  his  family.  A  can  of  powder 
was  stolen  from  the  store  of  James  K.  Moss 
and  placed  in  the  cellar;  a  train  was  then 
laid  and  fired  by  the  conspirators.  But  one 
of  their  niunber  weakened  and  secretly  left 
a  gap  in  the  train  of  powder  leading  to  the 
can :  and  so  the  effort  was  without  result. 


132  THOMAS  COX 

The  real  facts  were  not  discovered,  how- 
ever, until  the  next  day  when  the  repentant 
l)andit  disclosed  to  Sheriff  Warren  the  facts 
of  the  plot  which  were  verified  by  finding 
the  can  of  powder  in  the  cellar  and  b}"  the 
discovery  that  Mr.  Moss's  powder  had  been 
stolen.  No  arrests  were  made,  however,  as 
that  would  have  involved  the  exposure  of 
the  informer,  which  at  that  time  seemed  in- 
advisable. 

About  the  same  time  two  gentlemen  from 
Freeport,  Illinois,  had  come  to  Bellevue  in 
search  of  stolen  horses  and  had  recognized 
their  jDroperty  in  a  pair  that  had  recently 
])een  sold  by  Brown.  Attempts  to  reclaim 
them  were  resisted  ])y  Brown,  who  rei3re- 
sented  that  he  bought  them  from  two  young- 
men  in  his  employ  who  had  brought  them 
from  Missouri  —  assertions  which  were 
backed  up  by  the  young  men  and  others. 
The  young  men  were  William  Fox  and  John 
Baxter,  both  of  whom  were  in  the  gang 
which  robbed  and  murdered  Colonel  Daven- 
port five  years  later.  The  purchaser  of  the 
horses,''^  convinced  that  Brown's  story  was 
not  true,  gave  up  the  animals. 

The  number  of  crimes  accumulated.  Den- 
nis Collins,  living  south  of  the  Maquoketa 


THIEVES  AND  OUTLAWS      133 

River,  was  beaten  almost  to  death  b}"  two 
men  and  made  to  give  up  what  little  money 
he  had.  The  men  were  tracked  to  Bellevue, 
and  Mr.  Collins,  unable  to  sit  up,  was  taken 
there  on  a  bed  with  an  ox  team  and  posi- 
tively identified  the  rascals.  Three  of 
Brown's  friends  swore  that  they  had  played 
cards  with  the  accused  all  night  on  the  night 
of  the  robbery,  and  they  were  acquitted. 

Again,  Bartholomew  Corwin,  a  refugee 
from  the  Canadian  Patriot  War,  had  a  fam- 
ily of  little  children  and  a  sick  wife.  He 
was  out  of  money  but  had  a  good  team  of 
horses.  To  procure  necessaries  for  his 
family  he  sold  the  horses  to  two  men  who 
paid  every  dollar  of  the  purchase  price  in 
counterfeit  money.  He  found  the  horses  in 
Brown's  stable;  but  Bro\^Ti  refused  to  give 
them  up  and  so  the  i3oor  man  lost  both 
horses  and  money. 

These  crimes  and  the  evidence  of  an  or- 
ganized band  who  by  false  swearing  would 
prevent  the  conviction  of  any  of  their  num- 
ber by  process  of  law  thoroughly  alaiiiied 
the  honest  citizens  of  the  conmiunity  who 
after  consultation  appointed  a  committee 
consisting  of  Sheriff  Warren,  Anson  Har- 
rington, John  T.  Sublett,  and  William  Dyas. 


134  THOMAS  COX 

The  men  proceeded  to  Dubuque  to  lay  their 
dilemma  before  District  Judge  Thomas  S. 
Wilson  and  United  States  District  Attorney 
Crawford.  Judge  Wilson  protested  against 
anything  like  mob  violence  and  assured  the 
committee  that  the  arm  of  the  law  would 
protect  the  people.  He  finally  advised  that 
an  information  be  filed  charging  Brown  and 
his  associates  with  conspiracy  to  commit 
depredation,  and  thus  prevent  them  from 
testifying  in  each  other's  behalf. 

Judge  Wilson,  in  a  letter  written  Septem- 
ber 30,  1879,  says  of  the  affairs  of  this 
period : 

I  was  Presiding  Judge  of  your  County  for  several 
years  prior  to  1840,  and  know  that  the  criminal  docket 
in  Jackson  showed  the  worst  state  of  things  there  of 
any  county  in  my  district.  The  criminal  docket 
showed  crime  from  the  highest  to  the  lowest  degree. 
A  conviction  for  crimes  was  simply  impossible.  Browu 
stood  ready  to  prove  an  alibi,  or  would  manage  some 
way  to  obtain  an  acquittal  whenever  one  of  his  band 
was  brought  before  the  courts.^  ^ 

An  information  embodying  the  views  of 
the  Judge  was  drawn  up  by  District  Attor- 
ney Crawford.  It  charged  W.  W.  Brown, 
William  Fox,  Aaron  Long,  and  twenty  oth- 
ers as  confederated  together  for  the  purpose 
of  thieving,  passing  counterfeit  money,  rob- 


THIEVES  AND  OUTLAWS  135 

bing,  and  committing  other  depredations,  to 
the  great  injury  and  annoyance  of  the  com- 
munity in  which  they  lived  and  to  the  detri- 
ment of  the  public  in  general.  It  was  sworn 
to  by  Anson  Harrington  (who  was  honored 
the  next  year  by  election  as  Probate  Judge 
of  the  county),  and  the  warrant  was  issued 
by  Charles  Harris,  a  Justice  of  the  Peace 
living  in  Farmers'  Creek  Township  about 
sixteen  miles  west  of  Belle vue.  This  was 
on  the  25th  of  March,  1840. 


XV 

A  Battle  with  the  Desperadoes 

Brown  was  soon  informed  of  the  existence 
of  the  warrant;  but  he  bade  defiance  to  the 
Slierift*  and  claimed  that  tlie  law  would  not 
justify  such  wholesale  arrest.  He  agreed 
to  surrender  himself  if  that  would  satisfy 
the  warrant,  but  said  that  the  others  named 
had  sworn  they  would  never  be  taken  alive 
and  that  he  must  stand  by  them.  The  situa- 
tion being  reported  by  the  Sheriff,  a  meet- 
ing was  held  at  the  store  of  Probate  Judge 
James  K.  Moss  which  was  attended  by  the 
most  prominent  citizens  of  the  town,  by 
Colonel  Cox,  County  Commissioner  William 
Morden,  and  several  others  from  other  parts 
of  the  count.y.  After  due  deliberation  it  was 
decided  that  Sheriff  Warren  and  Colonel 
Cox  should  visit  the  different  townships  and 
invite  leading  citizens  to  assemble  at  Belle- 
vue  on  the  first  of  April,  and  by  the  shoAV  of 
force  prevail  upon  Brown  and  his  men  to 
peaceably  submit  to  the  law. 


A  BATTLE  WITH  DESPP^RADOES       137 

The  gaug  soon  learned  what  was  conteni- 
phited  and  became  boldly  defiant,  going  so 
far  as  to  place  a  red  flag  in  front  of  Brown's 
house  inscribed  "Victory  or  Death".  This 
convinced  the  Sheriff  that  his  230sse  should 
be  well  armed,  and  so  he  deputized  Colonel 
Cox  to  bring  in  forty  armed  men.  With  his 
accustomed  energy  the  Colonel  rode  through 
the  central  and  southwestern  townships  with 
a  call  to  arms.  In  the  country  south  of  the 
Maquoketa  River  the  response  was  not  at  aJl 
hearty.  Indeed,  there  was  little  community 
of  interest  at  that  time  between  the  i^eople 
on  opposite  sides  of  the  river.  There  were 
no  bridges  and  few  fords,  so  that,  except  in 
winter  when  the  ice  afforded  safe  crossing, 
the  inhabitants  of  the  south  part  of  the 
county  seldom  visited  Bellevue  and  there- 
fore had  not  shared  to  any  great  extent  in 
the  menace  of  lawlessness  that  threatened 
the  people  of  the  county  seat. 

Among  his  immediate  neighbors,  however, 
the  Colonel  found  ready  supi^ort  of  the  most 
effective  kind.  A  fortunate  chance,  too, 
brought  him  the  voluntary  aid  of  one  whose 
presence  lent  the  moral  support  which  high 
civic  and  military  honors  give.  His  brother- 
in-law,  Colonel  James  Collins  of  White  Oak 


138  THOMAS  COX 

Springs,  Wisconsin  Territory,  was  making 
a  visit  with  his  wife  to  her  mother,  Mrs. 
Jane  Robinson  Cox,  who  made  her  home 
with  her  son,  Jolm  W.  Cox,  about  three 
miles  from  the  home  of  Colonel  Thomas 
Cox.^*^  Colonel  Collins  readily  volunteered 
to  join  with  his  brothers-in-law,  Thomas  and 
John  Cox,  in  the  demonstration  to  be  made 
at  Bellevue.  There  were  several  other  Black 
Hawk  War  soldiers  who  had  made  their 
homes  in  Jackson  County;  and,  with  very 
few  exceptions,  they  obeyed  the  promptings 
of  their  military  training  and  took  their 
places  in  the  ranks  of  Colonel  Cox's  posse.^' 
Sheriff  Warren  undertook  a  canvass  of 
the  southeastern  part  of  the  count}^,  and 
spent  the  night  of  March  31,  1840,  at 
Charleston  (now  Sabula).  His  only  recruit, 
however,  was  James  McCabe —  a  jolly  Irish- 
man who  had  fought  in  the  Black  Hawk 
War  and  dug  lead  at  Dubuque,  but  who  was 
now  living  on  a  claim  close  to  Charleston. 
When  within  a  few  miles  of  Bellevue  they 
were  joined  by  Colonel  Thomas  J.  Parks,  a 
prominent  citizen,  and  by  Alexander  Reed, 
who  was  one  of  the  very  earliest  settlers  in 
Iowa,  having  crossed  the  river  in  1833.  They 
also  overtook  Andrew  Farley  from  the  Deep 


A  BATTLE  WITH  DESPERADOES      139 

Creek  settlement  (south  of  the  Maquoketa 
River)  who  was  on  his  way  to  the  mill  at 
Bellevue.  Farley  had  not  been  notified  to 
appear  in  the  posse  and  was  unarmed,  but 
he  appeared  to  be  in  full  sympathy  with  the 
movement  and  accompanied  Warren's  party 
to  the  village.''^ 

Arriving  at  Bellevue  they  found  Colonel 
Cox  and  his  posse  quartered  in  a  small  hotel 
four  blocks  below  Brown's  house.  At  the 
latter  place  a  red  flag  fluttered  and  armed 
men  were  promenading  the  streets.  After 
consultation  with  his  friends  the  Sheriff, 
with  some  trepidation,  proceeded  alone  to 
the  hostile  fortress,  with  the  design  of  read- 
ing the  warrant  and  demanding  a  surrendei*. 
Brown  readily  admitted  him  and  called  u]) 
the  parties  named,  who  listened  to  the  war- 
rant but  defied  him  to  take  them  into  cus- 
tody. Brown  was  then  privately  shown  the 
letters  with  which  the  Sheriff  had  been  in- 
trusted, which  advised  him  not  to  place  him- 
self in  defiance  of  the  law.  He  then  agreed 
that  if  four  citizens  whom  he  named  would 
come  and  give  a  pledge  with  the  Sheriff  that 
his  party  would  be  protected  from  violence 
they  would  surrender  as  demanded. 

The  Sheriff  returned  to  his  posse  and  re- 


140  THOMAS  COX 

ported  Brown's  proposition  to  be  that  he 
would  agree  to  appear  and  answer  at  tlie 
next  term  of  court  and  would  give  his  own 
bond  for  the  appearance  of  his  followers. 
This  did  not  meet  the  approval  of  the  posse, 
and  discussion  followed  for  nearly  an  hour. 
Colonel  Cox  urged  strongly  that  Brown's 
proposition  be  accepted,  and  it  was  finally 
agreed  to.  John  T.  Sublett  (County  Treas- 
urer), H.  R.  Magoun,  George  Watkins^  and 
Jerry  Jonas,  the  men  selected  by  Brown, 
started  with  the  Sheriff  to  give  the  pledge 
of  protection  required. 

When  nearly  there  they  were  halted  b}^ 
Brown  and  some  of  his  armed  associates, 
and  Sheriff  Warren  was  asked  to  come  in 
alone  for  a  further  interview.  He  complied 
and  his  companions  returned  to  their  party. 
Upon  entering  the  house  he  was  surrounded 
by  the  inmates,  who  were  becoming  very 
drunk  and  boisterous,  and  was  informed 
that  they  proposed  to  defend  themselves 
from  arrest  and  that  he  would  be  held  as  a 
hostage  and  would  be  the  first  man  shot  if 
the  house  should  be  attacked. 

Parley  ensued.  Warren  assured  the  ex- 
cited men  that  if  he  should  be  harmed,  the 
force  sustaining  him  was  large  enough  to 


A  BATTLE  WITH  DESPERADOES   141 

wreak  a  terrible  revenge  for  their  treachery. 
Fifteen  minutes  passed  thus,  when  a  cry  was 
raised  from  the  porch  that  Cox  and  his  men 
were  forming  in  the  street  for  an  attack. 
Brown  ordered  his  men  to  their  posts  and 
thrust  Warren  out  with  an  appeal  to  go 
and  stop  them.  This  he  made  haste  to  do, 
reporting  what  had  occurred. 

Colonel  Cox  called  at  once  for  volunteers 
to  execute  the  mandates  of  the  law  by  force. 
Forty  men  responded,  leaving  about  forty 
more  partially  armed  in  reserve  to  protect 
the  women  and  children.  The  volunteers 
were  addressed  by  the  Sheriff  and  by  Colo- 
nel Cox.  The  latter  told  them  that  they 
w^ere  to  engage  in  no  boy's  play;  that  they 
were  to  meet  a  desperate  set  of  men;  that 
some  would  probably  fall  in  the  fight;  and 
that,  if  any  were  disposed  not  to  take  the 
risk,  they  should  step  out  of  the  ranks. 
Every  man  stood  fast. 

It  was  now  two  o'clock,  the  time  since  ten 
having  been  consumed  in  parleys  to  induce 
Brown  and  his  men  to  surrender  without  a 
fight.  The  force  was  formed  by  Colonel  Cox 
in  two  ranks  and  marched  in  line  up  the 
street  towards  the  outlaw's  fort  under  strict 
orders  not  to  fire  a  gun  unless  fired  upon. 


142  THOMAS  COX 

It  was  hoped  that  this  display  of  force  would 
induce  a  surrender.  But  the  doomed  house 
was  ominously  silent.  When  within  thirty 
paces,  Cox  gave  the  order  to  charge.  A  rush 
was  made;  the  force  was  close  to  the  build- 
ing in  an  instant;  but  shots  had  been  fired 
from  the  upper  windows  and  Henderson 
Palmer  fell,  mortally  wounded.  Brown  ap- 
peared before  the  open  door  with  his  rifle 
at  a  ready.  Cox  and  Warren  confronted 
him  and  demanded  a  surrender.  Warren 
concedes  that  the  beleaguered  chief  intended 
to  comply,  but  in  bringing  his  gun  down,  it 
was  inadvertently  discharged  and  the  ball 
passed  through  Colonel  Cox's  coat.  Tom 
Sublett  and  Vine.  Smith,  comrades  in  Lieu- 
tenant Kirkpa trick's  company  at  the  Battle 
of  Bad  Axe  and  now  shoulder  to  shoulder, 
having  reached  the  open  window  of  the  room 
in  which  Brown  stood,  saw  the  discharge  of 
his  gun.  Instantly  their  trusty  rifles  flew 
to  their  shoulders,  and  the  unerring  aim  of 
true  backwoodsmen  sent  two  bullets  through 
the  bandit  leader's  head.^^  One  entered  his 
skull  and  the  other  severed  his  jugular  vein. 
Firing  at  once  became  general.  Brown's 
men  retreated  to  the  upper  story ;  while  Cox 
and  his  posse  withdrew  from  the  building 


A  BATTLE  WITH  DESPERADOES   143 

to  distances  from  which  they  could  com- 
mand the  upper  windows,  sheltering  them- 
selves as  much  as  possible.  But  they  were 
exposed  to  a  merciless  fire.  The  bandit  de- 
fenders, too,  were  backwoods  marksmen.  J. 
Maxwell  and  John  Brink  fell  dead.  Colo- 
nel Collins  was  shot  through  the  hand,  the 
only  wound  received  in  his  varied  military 
career.  William  Vance,  another  comrade  of 
Lieutenant  Kirkpatrick's  company  in  the 
Black  Hawk  War,  was  shot  in  the  thigh. 
William  Vaughn  received  a  wound  from 
which  he  died.  The  posse  was  suffering- 
more  than  the  outlaws,  who  were  protected 
within  the  building.  Warren,  wrought  into 
fury  by  the  passion  of  conflict,  gave  orders 
that  the  house  should  be  set  on  fire  and  the 
occupants  thus  driven  out.  The  prepara- 
tions were  seen  by  the  inmates,  and  they 
made  a  rush  to  escape  to  the  rear  over  some 
outbuildings. 

This  renewed  the  battle  on  more  equal 
terms.  Then  occurred  an  example  of  heroic 
self-sacrifice  such  as  seldom  happens  in  this 
selfish  world.  General  McDonald  had  been 
prevented  by  absence  from  accompanying 
his  neighbors,  the  Coxes,  on  the  previous 
day,  and  no  horse  was  left  for  him,  but  he 


144  THOMAS  COX 

started  earty  tliat  morning,  traversing  the 
sixteen  miles  to  Bellevue  on  foot.  He  ar- 
rived on  the  scene  during  the  conflict,  just 
in  time  to  see  Colonel  Cox  crouched  on  one 
knee  engaged  in  priming  his  gun,  and  to  see 
that  one  of  the  enemy  had  stepped  out  from 
shelter  and  leveled  a  rifle  upon  him.  With 
an  irresistible  impulse  to  save  his  aged 
leader  and  friend,  McDonald  leaped  in  front 
of  the  Colonel  and  received  the  hostile  bul- 
let in  his  hip.^^*^  He  was  also,  during  the 
melee,  slightly  wounded  in  the  left  hand.^"^ 

Andrew  Farle}^  had  no  gun  and  took  no 
part  in  the  conflict,  but  kept  in  sight  of  the 
combatants.  He  saw  one  of  Brown's  men 
lying  wounded  and  evidently  much  in  need 
of  help.  With  the  ready  sympathy  of  his 
warm  Irish  nature  he  hastened  to  help  the 
man  to  an  easier  posture,  when  he  was 
struck  by  a  bullet  (whether  from  friend  or 
foe  was  never  known)  and  fell  dead  in  the 
street. 

Pursuit  of  the  fleeing  outlaws  was  given 
and  thirteen  of  them  were  captured. 
^' Negro"  Brown  and  six  others  eluded  their 
pursuers  and  escaped  unscathed.  Besides 
W.  W.  Brown,  Aaron  Day  and  Samuel 
Burtis  had  given  up  their  lives ;  young  Tom 


A  BATTLE  WITH  DESPERADOES   145 

Welch,  alias  Buckskin  Tom,  was  badly 
wounded ;  and  William  Fox  and  some  others 
received  slight  wounds.  The  captured  men 
were  placed  under  guard,  and  the  fire  which 
had  been  kindled  was  extinguished.  The 
feelings  of  the  citizens,  armed  and  unarmed, 
who  now  gathered  around  were  excited  to 
the  highest  pitch. 

The  lifeless,  bleeding  bodies  of  some  of 
their  most  respected  neighbors  —  all  of 
them  men  with  families  —  lay  before  them. 
These  men  and  those  suffering  from  wounds 
had  been  assembled  solely  for  the  protection 
of  society,  and  were  proceeding  strictly  ac- 
cording to  the  forms  of  law  when  they  were 
fired  upon  by  those  who  were  defying  the 
law.  Even  those  whose  lives  were  sacrificed 
on  the  other  side  were  among  the  least  guilty 
of  their  party.  Brown  was  regarded  by 
many  as  more  sinned  against  than  sinning; 
and  old  Burtis,  whose  son  was  a  Justice  of 
the  Peace,  had  probably  committed  no 
graver  offense  than  the  partisan  one  of  de- 
fending his  friend  Brown.  The  prisoners 
included  nearly  all  of  those  whose  presence 
was  a  menace  to  the  community,  and  they 
had  now  added  to  their  previous  offenses  the 
red-handed  slaying  of  valuable  citizens. 

10 


146  THOMAS   COX 

What  wonder  tlien  that  a  cry  for  ven- 
geance rose  loud  and  strong.  Rox3es  were 
procured  and  the  mimediate  hanging  of 
ever}^  man  of  them  was  proposed.  A  few 
cooler  heads  urged  that  nothing  be  done  un- 
der excitement  that  they  might  afterwards 
regret,  but  with  no  result.  Then  Sheriff 
Warren  mounted  a  box  and  asked  attention 
for  a  moment,  saying  that  Colonel  Cox  had 
a  few  words  to  say  to  them.  Warren  him- 
self afterwards  wrote  of  the  speech  of  Colo- 
nel Cox  and  subsequent  events  as  follows :  ^"'- 

The  venerable  old  man  addressed  them  as  neigh- 
bors and  citizens,  and  in  a  few  words  told  them  they 
had  a  higher  duty  to  perform  that  evening  than  to 
hang  the  cowardly  scoundrels  they  now  had  in  cus- 
tody. Pointing  to  the  women  and  children  who  were 
hovering  around  the  lifeless  bodies  of  those  who  had 
fallen  in  the  fight,  saying,  "Your  duty  to  them,  first, 
and  to-morrow,  whatever  a  majority  of  the  citizens 
may  say  shall  be  done,  I  pledge  you  my  word  that 
you  shall  not  only  have  my  sanction,  but  my  help." 
The  earnest  and  expressive  Mords  of  Col.  Cox  had 
the  desired  effect.  The  prisoners  were  placed  under  a 
strong  guard,  and  the  culprits  felt  thankful  to  the 
r^olonel  for  this  temporary  respite,  hoping  something 
might  turn  up  to  spare  them  their  lives.  .  .  . 

Runners  were  sent  to  Galena  and  Dubuque  for 
surgeons.  Dr.  Crawford  of  Galena  and  Dr.  Findley 
of  Dubuque  promptly  put  in  their  appearance,  and 


A  BATTLE  WITH  DESPERADOES   147 

at  once  went  to  work  dressing  and  binding  up  the 
wounds  of  the  wounded  of  both  parties.  .  .  .  The 
dead  M^ere  taken  to  their  respective  homes,  and  prepa- 
rations made  for  their  burial.  This  portion  of  the 
work  was  assigned  to  the  Rev.  Joseph  Kirkpatrick, 
who  did  much  toward  soothing  and  consoling  those 
who  were  left  to  mourn  the  loss  of  relatives  and 
friends.  Jesse  Burke,^"''  with  the  assistance  of  a  de- 
tailed force,  had,  in  less  than  two  hours,  prepared 
meals  for  over  one  hundred  persons,  which  was  readi- 
ly disposed  of.  Precautions  had  been  taken,  as  soon 
as  Brown's  house  had  been  captured,  to  Imock  in  the 
heads  of  all  barrels  containing  liquor,  and  emptying 
out  into  the  street  every  drop  of  liquor  that  could  be 

found The  men  were  already  excited  to  the 

highest  pitch,  and  should  they  get  under  the  influence 
of  liquor,  the  innocent  might  suffer  as  well  as  the 
guilty.  It  was  long  after  midnight  before  the  people 
could  be  persuaded  to  retire  for  rest. 

Some  of  the  most  prominent  citizens  retired  to  the 
residence  of  James  L.  Kirkpatrick  to  agree  upon  what 
disposition  should  be  made  of  the  prisoners.  Among 
the  prominent  men  who  attended  this  meeting  were 
Col.  Cox,  Alex.  Reed,  T.  H.  Parks,  Anson  Harring- 
ton, J.  K.  Moss,  H.  K.  Magoon,  Col.  Collins,  Len 
Hilyard,  David  G.  Bates,  John  T.  Sublett  and  others. 
The  meeting  was  organized  by  calling  J.  L.  Kirkpat- 
rick to  the  chair,  when  I  addressed  the  meeting  ask- 
ing and  urging  that  I  should  be  sustained  in  main- 
taining the  authority  of  the  law  in  bringing  these  men 
to  answer  the  charge  set  forth  in  the  warrant.  In 
this  I  was  ably  sustained  by  David  G.  Bates,  Alex 
Reed.  T.  H.  Parks,  and  H.  K.  Magoon. 


148  THOMAS  COX 

Anson  Harrington  and  Col.  Cox  took  the  opposite 
view  of  the  matter,  saying  it  was  utterly  impos- 
sible to  hold  them  under  arrest,  as  we  had  no  jail; 
that  the  prisoners  had  friends  both  in  the  East  and 
the  West,  and,  in  all  probability,  they  might  be  taken 
from  us  by  force,  and,  in  such  case,  no  man's  life  or 
property  would  be  safe,  and,  as  we  now  had  them  in 
our  power,  the  friends  of  the  fallen  demanded  that 
summary  justice  be  dealt  out  to  each  one  of  them, 
and  nothing  short  of  death  would  satisfy  the  com- 
munity. 


XVI 

A  Feontier  Tribunal 

In  the  discussion  which  followed  Colonel 
Cox's  address,  the  proposition  was  submit- 
ted that  the  citizens  meet  at  ten  o'clock  on 
the  morrow,  and  that  the  prisoners  be  then 
sentenced  as  the  majority  should  decide. 
And  they  pledged  themselves,  one  to  an- 
other, that  whatever  the  sentence  might  be 
it  should  be  faithfully  carried  out.  This 
was  adopted  by  a  unanimous  vote,  and  the 
wearied  assemblage  retired  about  four 
o'clock  in  the  morning  for  a  few  hours' 
rest. 

A  steamer  arrived  from  Dubuque  at  eight 
o'clock  in  the  morning  bringing,  among 
other  passengers,  District  Attorney  James 
Crawford  and  Sheriff  Cummins  of  Dubuque 
County.  These  gentlemen  attended  the  meet- 
ing of  citizens  which  convened  at  ten.  Colo- 
nel Cox  presided  over  the  meeting  and  ad- 
dressed the  prisoners  who  were  brought  in, 
telling  them  that  their  defiance  of  law  and 


150  THOMAS  COX 

refusal  to  sii])mit  to  the  service  of  a  legal 
warrant  for  their  arrest  had  compelled  the 
citizens  to  unite  in  sustaining  the  arm  of  the 
law;  that  their  resistance  had  cost  the  lives 
of  some  of  the  best  citizens  of  the  commu- 
nity; and  that  he  was  directed  to  say  that 
the  people  would  now  decide  what  punish- 
ment should  be  meted  out  to  them. 

Chichester,  who  was  one  of  the  most  noto- 
rious of  the  unsavory  gang,  asked  and 
obtained  permission  to  speak  in  behalf  of 
his  comrades  and  himself.  He  made  a  piti- 
ful but  rudely  eloquent  plea  for  their  lives, 
admitting  that  many  things  charged  against 
them  were  true  and  declaring  that  thej^  were 
ready  to  submit  to  the  punishment  decreed 
by  law  for  such  offenses.  District  Attorney 
Crawford  followed,  expressing  appreciation 
of  the  dilemma  in  which  the  citizens  were 
placed  in  having  no  jail  or  other  means  of 
detaining  prisoners,  but  urging  that  no 
greater  punishment  be  inflicted  than  the  law 
prescribed. 

Anson  Harrington  voiced  the  intense  feel- 
ing of  the  outraged  citizens  and  their  grief 
for  their  slaughtered  companions  when  he 
spoke  in  favor  of  hanging  every  one  of  the 
prisoners.     ''He   was    opposed   to    turning 


A  FRONTIER  TRIBUNAL  151 

them  loose  to  pvey  upon  some  other  com- 
munity. The}^  were  all  desperate  characters. 
They  were  lost  to  all  sense  of  honor.  They 
were  past  reformation.  No  man's  life  or 
property  was  safe  with  them  at  large.  He 
was  raised  and  reared  in  a  Christian  and 
law-abiding  State.  He  had  come  to  Iowa  to 
make  it  his  home,  with  the  expectation  of 
meeting  with  law-abiding  and  Christian  peo- 
ple, where  the  law  could  be  enforced  and  his 

life  and  property  could  be  protected 

The  time  had  come  when  people  would  take 
the  law  in  their  own  hands.  As  much  as  he 
had  heretofore  deprecated  what  was  termed 
mob  violence,  he  Avas  now  ready  to  admit  the 
law  was  ineffective  in  the  present  case,  and 
nothing  short  of  the  people  rising  in  theii- 
might  and  taking  this  case  into  their  own 
hands  and  making  an  example  of  the  des- 
peradoes Avhom  they  now  have  in  charge 
would  save  society  from  depredation  in 
future.  "^"^ 

He  closed,  however,  by  making  the  propo- 
sition that  a  decision  be  made  by  ballot  as 
to  whether  the  prisoners  should  be  hanged 
or  whipped  and  forbidden  to  ever  enter  the 
county  again.  This  proposition  was  put  to 
a  vote  and  carried ;  and  everv  man  by  a  ris- 


152  THOMAS  COX 

ing  vote  pledged  himself  to  al^ide  by  the  de- 
cision thus  made.  A  cup  filled  with  white 
and  red  beans  was  i3assed  around,  each  man 
taking  a  bean  of  each  color.  Colonel  Cox, 
as  chairman,  announced  that  the  vote  would 
be  "wiiite  beans  for  hanging,  red  beans  for 
whipping".  Another  empty  cup  Avas  then 
passed  to  receive  the  ballots.  It  was  a  tense 
and  thrilling  moment. 

Thirteen  trembling  wretches  watched 
their  fate  being  decided  by  silent,  stern- 
featured  men  in  whom  the  call  for  justice 
had  stifled  all  thoughts  of  mercy.  All  had 
voted.  The  tellers  carefully  counted  the 
beans  and  handed  the  result  to  the  chairman. 
He  called  upon  the  prisoners  to  arise.  He 
then  read  the  result:  forty-two  red  beans, 
and  thirty-eight  white.  Thus  by  the  narrow 
majority  of  four  votes  an  inexcusable  trag- 
edy had  been  averted.  The  culprits  were 
sentenced  to  receive  from  four  to  thirty 
lashes  on  the  bare  back  and  to  be  placed  with 
three  days'  rations  in  skiffs  without  oars 
and  floated  down  the  Mississippi  River. 

As  soon  as  the  vote  was  announced  Mr. 
Harrington  rose  to  speak.  The  chairman 
informed  him  that  it  was  not  a  debatable 
case.    But  he  said,  *'I  rise  now  to  make  the 


A  FRONTIER  TRIBUNAL  153 

vote  imanimous. "  Others  shared  his  revul- 
sion of  feeling,  and.  the  motion  was  ap- 
plauded all  over  the  house  and  then  unani- 
mously adopted.  The  whipping,  neverthe- 
less, was  given  in  full  measure  and  a  pledge 
demanded  and  given  by  each  culprit  as  he 
was  placed  in  a  skiff  that  he  would  never 
return  to  the  county.  That  pledge,  so  far 
as  known,  was  kept  by  all. 

When  the  spring  term  of  the  Territorial 
District  Court  opened  at  Bellevue  two  weeks 
later,  with  Judge  Thomas  S.  Wilson  on  the 
bench,  a  petition  was  presented  asking  that 
the  lamentable  affray  be  investigated.  This 
led  to  a  motion  by  District  Attorney  Craw- 
ford which  stated  that,  since  matters  would 
be  brought  before  the  Grand  Jury  in  which 
the  Sheriff  was  interested  and  since  there 
was  no  Coroner  in  the  county,  an  Acting 
Coroner  should  be  appointed  for  the  term. 
The  motion  being  granted,  the  Judge  ap- 
pointed General  Francis  Gehon  of  Dubuque 
as  Acting  Coroner ;  and  he  impaneled  a  new 
Grand  Jury  which  had  not  been  implicated 
in  the  affair. 

The  Grand  Jury  brought  in  a  report  find- 
ing that  the  Sheriff  and  his  posse  had  acted 
under  legal  authority  in  an  effort  to  enforce 


154  THOMAS  COX 

the  law ;  that  they  were  guilty  of  no  unlaw- 
ful act  or  acts,  except  in  the  whipping  of 
some  of  the  accused  after  they  had  been  cap- 
tured and  were  prisoners;  and  that  that 
course  had  justification  in  there  being  no 
jail  in  the  county;  and  that  the  Sheriff  had 
acted  for  the  best  interests  of  the  county. 

A  letter  of  Judge  T.  S.  Wilson  under  date 
of  September  30,  1879,  wi'itten  to  Captain 
Warren  says: 

The  acts  of  yourself  and  posse  on  the  memorable 
1st  day  of  April,  1840,  had  my  full  approval;  and 
yourself,  and  all  those  honorable  men  that  took  a  part 
in  that  transaction  met  the  approval  of  a  grand  jury, 
selected  at  the  instance  of  Brown's  sympathizers. 
Your  court  record  should  show  that  fact.^^^ 


XVII 

The  Aptermath 

The  Grand  Jury  verdict  reflected  what  was 
nearly  a  unanimous  opinion  in  the  county; 
but  there  was  a  feeling  on  the  part  of  a  small 
minority  of  good  citizens  that  the  personal 
guilt  of  William  W.  Brown  was  not  clearly 
manifest.  He  had  been  genial  and  courteous 
in  manner.  He  had  been  generous  and  ac- 
conmiodating  in  business  matters.  He  was 
bold  and  enterprising  and  had  been  a  liberal 
employer  of  labor.  Hence  he  had  friends 
who  now  argued  that  as  a  landlord  he  was 
not  responsible  for  the  character  of  his 
boarders,  nor  as  an  employer  for  what  his 
men  might  be;  and,  moreover,  as  a  quasi 
lawyer  he  had  a  right  to  defend  clients  with 
such  evidence  as  they  might  put  into  his 
hands.  These  friends  pointed  to  the  fact 
that  his  business  rivals  and  those  whose 
political  ambitions  he  had  tried  to  thwart 
were  all  to  be  found  in  the  ranks  of  his  as- 
sailants: and  thev  insinuated  that  a  desire 


156  THOMAS  COX 

to  drive  Brown  out  of  the  country  impelled 
the  movement,  rather  than  a  real  effort  to 
punish  for  crime. 

One  of  the  most  outs})oken  of  these  critics 
was  Shadrach  Burleson,  the  proprietor  of 
the  Buckhorn  Tavern  which  was  located  five 
miles  west  of  what  is  now  Maquoketa.  Bur- 
leson was  an  1836  settler  —  a  Vermonter 
wdth  a  mind  of  his  own  —  who  accepted  an 
appointment  as  administrator  of  Brown's 
estate/ ^^  Most  of  those  disposed  to  find 
fault  with  the  extreme  measures  employed 
by  Cox,  Warren,  and  their  associates  found 
their  views  materially  modified  when  the 
tragedy  on  Rock  Island  in  1845  disclosed 
the  desperate  character  of  the  banished  men. 

The  discovery  of  Colonel  Davenport's 
murderers  brought  out  a  significant  bit  of 
evidence  regarding  the  true  character  of 
Brown.  An  amateur  detective,  Edward 
Bonney  of  Lee  County,  Iowa,  tracked  and 
caused  the  arrest  of  nearly  all  who  were 
implicated  in  the  robbery  and  murder.  Soon 
after  the  trials  he  published  a  book  entitled 
The  Banditti  of  the  Prairies  in  which  he  de- 
tailed his  experiences.  It  appears  that  he 
found  William  Fox  in  eastern  Indiana,  in 
the  neighborhood  of  his  father's  home.    He 


THE   AFTERMATH  157 

gained  Fox's  confidence  by  claiming  to  be  a 
dealer  in  counterfeit  money,  exhibiting  un- 
signed bills  of  the  Miner's  Bank  of  Du- 
buque with  which  he  had  been  supplied. 
Bonney  then  gives  several  conversations 
held  with  Fox  among  which  occurs  the  fol- 
lowing : 

Did  you  ever  get  caught  before  you  were  arrested 
at  BowHng  Green? 

Yes;  I  was  at  Belleview  in  Iowa,  at  the  time  the 
mob  shot  Brown.  They  arrested  me  at  the  same 
time,  but  could  prove  httle  or  nothing  against  me.  So 
they  tied  me  up  to  a  tree  and  whipped  me  nearly  to 
death,  and  then  let  me  go.  Some  of  them  may  have 
to  pay  for  it  one  of  these  days.  I  should  not  have 
been  caught  at  Bowling  Green  if  the  boys  had  fol- 
lowed my  advice. 

Were  you  acquainted  with  Brown  who  was  killed 
at  Belleview? 

Yes,  my  first  horse  was  stolen  under  Brown's  in- 
structions. 

I  presume  that  was  not  the  last  one. 

No.     Not  by  fifty. 

Interesting  evidence  showing  how  the  af- 
fray was  viewed  by  some  who  knew  only  the 
better  side  of  Brown's  character  has  recent- 
ly been  brought  to  light  through  researches 
among  the  papers  of  Governor  Robert 
Lucas.  The  following  letters  were  written 
from  Dubuque  to  Governor  Lucas  by  J.  Y. 


158  THOMAS  COX 

Berry,  who  was  Public  Prosecutor  under 
Territorial  appointment,  and  by  John  King, 
who  was  then  Postmaster  at  Dubuque:^"" 

Du  Buque  April  4,  1840. 
Dear  Sir, 

I  am  under  the  painful  necessity  of  informing 
you  that  Jackson  County  in  this  Territory  is  in  a 
state  of  a  complete  disorganization.  The  Sheriff 
Judge  of  Probate  and  the  celebrated  Col  Cox  on  the 
first  day  of  this  month  headed  a  mob  at  Bellview  and 
attacked  a  peaceable  citizen  of  that  place  with  a  view 
of  driving  him  out  of  town.  The  result  was  that  a 
most  disgraceful  fight  took  place,  and  as  a  report 
says  from  six  to  nine  lives  lost  and  several  wounded. 
It  is  currently  reported  at  this  place  and  very 
generally  believed  that  Warren  the  Sheriff  went 
about  the  county  procuring  the  names  of  persons 
pledging  themselves  to  support  the  mob  several  days 
previous  to  the  day  of  the  assembling  of  the  most 
infamous  mob  that  ever  was  assembled  in  this  or  any 
other  country.  The  mob  with  their  infamous  leaders 
have  since  the  killing  been  engaged  in  holding  a  citi- 
zens court  as  they  call  it  and  have  tried  and  punished 
several  individuals.  It  is  also  understood  at  this  place 
that  this  triumvirate  composed  of  Cox  Warren  and 
Moss  are  about  to  divide  the  property  of  Brown  who 
happened  to  be  the  special  object  of  their  vengeance 
&  who  had  considerable  property  Mitchell  the  man 
who  committed  the  murder  last  winter  and  who  has 
been  held  in  mock  confinement  by  this  infamous  Sher- 
iff is  now  let  loose  rejoicing  with  the  good  and  pious 


THE   AFTERMATH  159 

mob  citizens  at  this  freedom  from  all  the  restraints 
of  regulated  society,  law  and  good  order.  A  court  as 
you  must  be  aware  of  under  the  existing  laws  of  this 
Territory  is  appointed  to  be  held  on  the  13th  instant 
at  Bellview.  Since  I  have  set  down  to  write  this  let- 
ter I  learn  from  two  gentlemen  who  have  just  re- 
turned from  the  seat  of  war  that  the  mob  boast  that 
they  had  all  of  the  Grand  Jury  for  the  next  court  to 
act  with  them  except  Brown  and  that  he  was  killed. 
It  will  be  impossible  if  not  impossible  utterly  useless 
to  hold  a  court  in  a  community  composed  of  such 
brutish  beasts,  when  blood  and  murder  is  the  order 
of  the  day.  In  such  a  state  of  things  you  miLst  be 
aware  that  those  base  and  foul  felons  cannot  be  pun- 
ished in  their  own  county.  I  have  therefore  deemed 
it  a  duty  of  mine  to  acquaint  you  with  the  facts  and 
if  you  have  any  powers  vested  in  you  as  the  Governor 
of  this  Territory  to  aid  and  assist  the  laws  I  hope 
you  will  exercise  them  in  bringing  to  justice  base  and 
foul  murderers  and  to  wipe  off  the  disgraceful  stigma 
that  has  evidently  been  thrown  upon  the  people  of 
this  Territory  by  this  most  disgraceful  tradgedy. 

Yours  in  haste 
To  his  Excellency  Robert  Lucas  J  V  Berry 

Dubuque  I.  T. 
April  6,  1840. 
To  His  Excellency  Robert  Lucas 

Sir  I  regret  to  state  to  you.  that  a  more  disgraceful 
affair,  has  never  been  recorded  in  the  annals  of  his- 
tory, than  that  which  I  am  about  to  relate.  It  oc- 
curred on  the  1st  ultimo  at  Bellview  Jackson  Co.  I.  T. 


160  THOMAS  COX 

about  seven  miles  below  Galena  A  moh  collected 
calling  themselves  the  people  —  headed  by  —  War- 
ren,  the  sheriff  of  the  above  named  county,  and  Col. 
Cox  (so  called)  member  of  the  Legislature,  Gen  Mc- 
Donald, and  James  K.  Moss.  The  mob  proceeded  to 
the  house  of  Mr.  Brown  (inn  keeper)  and  informed 
him,  through,  Warren,  that  he  must  leave  the  Ter. 
immediately  —  Brown  replied,  that  if  he  (Warren) 
had  any  legal  demand  against  him,  he  was  willing  to 
go  with  him  and  be  tried  —  but  that  a  mob  could  not 
take  him  —  However  they  were  not  satisfied  with  this, 
and  made  a  rush  to  capture  him  —  and  in  trying  to 
efi'ect  their  object,  six  persons  were  killed,  and  three 
wounded,  one  having  since  died ! ! !  What  the  charac- 
ter of  Mr.  Brown  was,  I  am  unable  to  say  —  He  was 
certainly  hospitable,  and  obligeing  to  strangers,  and 
affectionate  to  his  family,  he  was  also  industrious, 
which  is  certainly  one  good  quality  —  His  wife  was 
of  a  reputable  family  and  understood  the  duties  of  a 
hostess,  well.  Brown  fell  like  a  brave  man,  defending 
his  wife  and  child  from  insults,  and  his  property 
from  the  ravages  of  a  reckless  and  lawless  mob,  Mrs. 
Brown  was  conducted  to  this  place  by  a  gentleman,  at 
whose  house  she  has,  and  will  receive  the  most  kind 
treatment. 

On  Saturday  evening  last,  the  citizens  of  this  place 
assembled  at  the  Presbyterian  Church,  (tho'  large  it 
could  not  contain  near  all)  to  express  their  deep  ab- 
horance  of  the  murderous  conduct  of  the  mob  at 
Bellview,  by  strong  resolutions,  which  will  be  pub- 
lished in  the  papers  of  this  Ter. 

The  people  at  the  meeting  expressed  their  unani- 


THE   AFTERMATH  161 

mous  wish,  that  you  would  promptly  remove  from 
office  Warren  &  McDonald. 

Our  Legislators,  will  be  instructed  at  the  extra  ses- 
sion, to  expel  from  their  body  Col.  Cox.  And  we  will 
endeavor  to  have  /.  K  Moss  removed  forthwith,  from 
the  office  of  P.  M.  I  have  just  learnt,  that  the  latter 
gentleman  (or  rather  the  man)  holds  the  office  of 
Judge  of  Probate,  if  so  he  should  be  removed  from 
that  office  also.  I  have  just  had  a  conversation  with 
Mr.  Petriken,  who  feels  indignant  at  the  outrage  — 
and  thinks  those  villians  if  possible  should  be  arrested 
—  and  that  there  are  two  ways  of  having  it  done, 
first,  that  by  removing  Warren,  and  having  a  new 
sheriff  appointed,  they  could  then  be  arrested  Sec- 
ondly that  your  Excellency  can  command  Gen.  Lewis, 
to  raise  the  militia,  and  arrest  them, —  others  think 
Chief  Justice  Masson  is  authorized  to  act  in  this  mat- 
ter —  but  all  agree,  that  your  long  experience  in  pub- 
lic business,  gives  you  the  advantage  of  us  all,  in 
knowing  how  to  dispose  of  those  persons,  who  have 
committed  the  most  wilful  and  premeditated  murders, 
and  have  brought  a  stigma  and  a  disgrace  upon  our 
young  and  beautiful  Ter.  that  years  cannot  efface. 

Your  Obdt.  Servt. 

John  King  P.  M. 
Gov.  Lucas 

(Private) 
When  Brown  was  killed,  Mitchell  Avho  assassinated, 
Thompson  last  summer,  in  Bellview,  was  immediately 
turned  out  of  prison  and  is  now  walking  the  streets  — 
Several  in  our  village,  have  strong  suspicions,  that 
Mitchell  Bribed,  Warren  to  dispose  of  the  only  two 

11 


162  THOMAS  COX 

witnesses  who  could  convict  him  of  the  murder  of 
Thompson  —  those  two  witnesses  were  Brown  and 
Montgomery  —  Brown  is  now  dead  and  on  Saturday 
last  —  a  company  started  from  the  scene  of  action  to 
' '  either  drive  Montgomery,  from  the  Ter.  or  kill  him. ' ' 

What  the  fate  of  Montgomery  is  I  have  not  learnt 
but  I  fear  the  consequences  —  circumstantial  proof 
of  what  I  have  hinted  at  above,  can,  I  am  told  be 
produced  —  but  of  this  we  will  say  nothing  — 

The  day  of  reckoning  is  not  far  distant  I  trust 
with  the  instigators  of  the  mob. 


J.  K 


Gov  L. 

Please  excuse  I  write  in  a  hurrj^ 


The  reply  of  Grovernor  Lucas  to  J.  V. 
Berry  was  as  follows: 

Executive   Departm[en]t   Iowa   Terrty 
Burlington   April   7th  1840. 
Sir 

I  received  your  letter  of  the  4th  lut  by  Captain 
Smith  of  the  Steam  Boat  Brazil  —  I  regret  extremely 
to  hear  of  the  transactions  in  Jackson  County  detailed 
in  your  letter. —  It  reflects  a  disgrace  upon  our  Ter- 
ritory; and  I  trust,  that  the  persons,  who  may  be 
found  guilty  of  so  great  a  violation  of  the  laws  of  the 
Territorj^  may  ultimately  receive  the  punishment  the 
law  prescribes,  —  but  this  is  a  subject,  that  is  entirely 
under  the  control  of  the  Judicial  Branch  of  the  Gov- 
[ern]m[e]nt.  The  law  gives  to  the  Judiciary,  the 
power  to  inforce  obedience  to  its  mandates,  by  fines 
and  penalties  —  The  Executive  Branch  has  no  such 


THE   AFTERMATH  163 

power,  The  Executive  may  issue  his  Proclamation, 
but  he  has  no  power  to  inforce  it,  he  has  neither 
funds,  men,  arms  or  am[m]unition  under  his  control. 
The  law  vests  the  Civil  Ministerial  office,  with  the 
power  of  the  County  and  the  Judiciary  is  vested 
with  power  to  impose  fines  and  penalties  for  diso- 
bedience to  their  command  —  HoM'Cver  desirous  I  may 
be,  to  check  such  outrageous  proceedings  —  yet  I  see 
no  way  in  which  an  Executive  interference  could  be 
of  any  benefit.  The  duty  is  devolved  upon  you,  as 
District  prosecutor,  to  bring  the  subject  before  the 
proper  Judicial  tribunal  for  investigation  which  I 
trust  will  be  promptly  and  efficiently  done  —  The 
account  of  the  disgraceful  affair,  as  published  in  the 
Iowa  Territorial  Gazette  of  the  4th  Inst  differs  mate- 
rially from  the  one  given  in  your  letter.  How  far 
these  accounts  may  be  correct,  I  do  not  pretend  to 
decide  but  one  thing  is  certain  (That  is)  that  a  most 
disgraceful,  outrage  has  been  conunitted  upon  the 
laws  of  the  County  by  some  body,  and  it  becomes  your 
duty  as  the  legitimate  prosecuti[n]g  officer  to  have 
the  subject  impartially  and  legitimately  investigated 
—  and  to  cause  the  guilty  persons,  whoever  they  may 
be,  to  be  prosecuted  and  brought  to  Justice  —  This 
should  be  done  without  prejudice  or  favour  to  any 
one,  but  with  a  single  eye  to  the  maintenance  of  the 
Supremacy  of  the  laws. 

With  sincere  respect 

I  am  your  obt  st 

Robert  Lucas 
J.  V.  Berry  Esqr 

Distr  Prosectr  3d  Judi 

Distr  Du  Buque 


164  THOMAS  COX 

Tlie  Court  records  do  not  show  that  Mr. 
Berry  took  any  initiative  in  investigating 
the  affair.  The  motion  to  appoint  an  Act- 
ing Coroner  and  impanel  a  new  Grand  Jury 
was  made  by  District  Attorney  James  Craw- 
ford, and  the  record  does  not  show  that  any 
other  prosecutor  officiated.  The  language 
used  by  Berry  would  indicate  that  he  did  not 
feel  friendly  towards  Sheriff  Warren,  and 
the  fact  that  when  Warren  appeared  in 
Dubuque  at  the  head  of  a  committee  of  citi- 
zens he  called  upon  Crawford  instead  of 
Berry  would  lead  to  the  inference  that  the 
dislike  was  mutual. 

It  will  be  observed  that  the  letters  of  Mr. 
Berry  and  Colonel  King  w^ere  written  when 
they  had  no  other  knowledge  of  the  affray 
than  what  was  brought  by  Mrs.  Brown  and 
her  companion.  That  public  sentiment  in 
Dubuque  and  in  the  Executive  Office  under- 
went some  modification  soon  afterwards 
seems  certain.  Sheriff  Warren  and  Probate 
Judge  Moss  w^ere  not  removed  from  office 
and  the  militia  commission  of  Brigadier 
General  McDonald  was  not  revoked.  Nor 
was  Judge  Moss  removed  from  the  office  of 
Postmaster. 

The  legislature  met  in  special  session  in 


THE   AFTERMATH  165 

July  of  that  year.  No  proj^ositiou  to  expel 
Colonel  Cox  from  his  seat  was  brought  for- 
ward ;  on  the  contrary,  he  was  made  tempo- 
rary speaker  on  the  opening  of  the  session 
and  received  votes  on  three  ballots  as  a  can- 
didate for  the  full  honors  of  that  office. 
And,  moreover,  at  the  regular  election  in 
August  he  was  reelected  by  the  people  of 
his  county  as  their  Representative. 

That  there  was  a  degree  of  lawlessness  in 
the  proceedings  which  swept  that  gang  of 
criminals  out  of  Jackson  County  can  not  be 
gainsaid.  That  short  but  desperate  conflict 
which  cost  more  in  hmnan  lives  than  any 
other  battle  ever  fought  in  Iowa  since  white 
settlement,  except  the  Spirit  Lake  Massacre, 
has  always  been  known  locally  as  the 
*'Bellevue  War".  No  other  term  so  well 
expresses  the  character  which  it  assumed. 
The  demon  which  enters  men's  souls  in  the 
ardor  of  conflict  must  be  reckoned  with. 
Colonels  Cox  and  Collins  and  a  large  pro- 
portion of  the  posse  had  previously  seen 
service  in  regular  warfare,  and  their  attack 
w^as  made  with  a  bravery  and  persistence 
that  compels  admiration.  They  fought 
against  those  whom  they  knew  to  be  skilled 
marksmen,  sheltered  by  the  walls  of  a  build- 


166  THOMAS   COX 

iug";  Ijut  there  was  no  slirinl?:ing-  or  falter- 
ing until  the  outlaws  surrendered. 

The  Sheriff's  posse  became  at  once,  with- 
out the  formality  of  organizing,  as  typical 
a  vigilance  committee  as  ever  were  those 
which  in  California,  in  northern  Indiana, 
and  in  other  primitive  communities  pro- 
tected society  when  the  law  was  x^ow^erless.^*'** 
The  Jackson  County  vigilants  dissolved  as 
quickly  as  they  assembled.  Their  one  exlii- 
bition  of  power  sufficed ;  no  perpetuation  of 
their  authority  became  necessary  or  advis- 
able. Mr.  Berr}^  states  that  it  w^as  reported 
that  every  one  of  the  Grand  Jury  summoned 
for  the  next  term  of  court  was  acting  with 
the  mob  —  except  Brown,  and  he  was  killed. 
There  seems  to  be  no  record  of  the  names  of 
those  summoned  for  that  term,  but  there  is 
great  probability  that  Mr.  Berry's  state- 
ment is  very  near  the  truth. 

An  examination  of  the  history  of  those 
within  the  ranks  or  aiding  and  abetting  this 
"most  infamous  mob"  of  ''brutish  beasts" 
shows  that  there  were  legislators,  present 
and  prospective,  of  two  Territories  and  two 
States.  Three  of  the  number  as  delegates 
helped  to  frame  Constitutions  for  Iowa. 
The  names  of  the  Probate  Judo'c,  Sheriff, 


THE   AFTERMATH  167 

Recorder,  Treasurer,  Clerk  of  Courts,  Sur- 
veyor, and  Coroner  of  the  county,  with  two 
of  the  County  Commissioners  advising  and 
consenting,  and  nearly  all  of  the  panel  of 
Grand  Jurors  are  discovered  in  the  list. 
There  were  also  two  former  Colonels  with 
army  service,  a  Brigadier  General  and  a 
Captain  of  Iowa  militia,  another  who  be- 
came a  Brigadier  General  in  California,  one 
who  became  Probate  Judge,  two  who  became 
Sheriffs,  a  prospective  Recorder,  Clerk  of 
Courts,  and  County  Commissioner/*^^  Sure- 
ly it  was  a  body  of  men  who  did  not  need 
instruction  from  the  hysterical  Berry  or  the 
equally  excitable  postmaster  of  Dubuque. 


XVIII 

Speaker  of  the  House  of  REPRESENTATrv^s 

Among  the  acts  passed  by  the  secoud  Terri- 
torial legislature  was  one  to  locate  the 
county  seat  of  Jones  County.  It  named  as 
the  commissioners  for  that  purpose  John  G. 
McDonald  of  Jackson  County,  Franklin 
Moffatt  of  Delaware,  and  Thomas  M.  Isett 
of  Muscatine.  General  McDonald  and  his 
associates  first  chose  as  the  county  seat  an 
incipient  town  of  Scotch  Highlanders  from 
Selkirk's  Settlement  in  Canada.  The  town 
had  been  given  the  name  Scotch  Grove, 
which  it  still  bears.  But  the  commissioners 
called  it  Edinburg ;  and  they  employed  Colo- 
nel Thomas  Cox  as  surveyor  to  lay  it  out 
into  lots  and  blocks.  The  canny  Scots,  how- 
ever, were  evidently  not  good  at  town  build- 
ing; for  no  function  of  county  government 
and  no  term  of  court  was  ever  held  at  Edin- 
burg, and  no  county  officer  ever  lived  or 
transacted  public  business  there. 

So  the  count V  commissioners  soon  after- 


SPEAKER  OF  THE  HOUSE  }{)<) 

ward  selected  Newport  as  the  county  seat, 
and  a  term  of  the  District  Court  was  ap- 
pointed to  be  held  there.  Judge  T.  S.  Wil- 
son arrived  at  the  designated  time  to  find 
that  the  town  consisted  of  a  single  log  cabin, 
of  too  scant  dimensions  to  contain  even  the 
officers  of  the  Court.  In  great  disgust  he 
ordered  the  Court  adjourned  to  meet  in  Lex- 
ington, and  that  place,  under  its  present 
name  of  Anamosa,  has  ever  since  maintained 
its  dignity  as  the  capital  of  Jones  County. 
Colonel  Cox  and  General  McDonald,  during 
their  trip  to  Jones  County,  ^vere  also  em- 
ployed as  surveyors  to  lay  out  the  town  of 
Lexington,  which  lay  at  the  junction  of  Buf- 
falo Fork  with  the  Wapsipinicon  River. 

On  January  15,  1840,  the  Second  Legisla- 
tive Assembly  had  passed  an  act  to  j)rovide 
for  an  extra  session  of  the  legislature.  This 
extra  session  convened  in  Burlington  on 
Monday,  July  13,  1840.''"  Contrary  to  the 
practice  of  the  present  day  the  officers  of 
the  regular  session  of  the  body  did  not  hold 
over  for  the  extra  session.  Stephen  Hemp- 
stead of  Dubuque  had  been  President  of  the 
Council,  but  he  w^as  not  even  a  candidate  for 
reelection  when  that  body  reconvened.  Ar- 
thur Inghram,   the   oldest  member  of  the 


170  THOMAS  COX 

Council,  was  ajDpointed  President  pro  teyn; 
but  eight  ballots  were  required  before  a  per- 
manent presiding  officer  was  elected  in  the 
person  of  James  M.  Clark. 

In  the  House,  Thomas  Cox  was  chosen 
Speaker  pro  tern  on  the  fii'st  day  of  the  ses- 
sion, and  the  balloting  to  fill  that  office  reg- 
ularly was  had  on  the  second  day.  Edward 
Johnston  of  Lee,  who  had  been  Speaker  at 
the  regular  session,  was  elected  after  three 
ballots,  on  each  of  w^hich  Cox  received  votes. 

The  standing  committees  were  appointed 
on  the  15th,  and  Colonel  Cox  became  Chair- 
man of  the  Committee  on  Internal  Improve- 
ments and  a  member  of  the  Committee  on 
Militia  and  the  Committee  on  Territorial 
Alfairs.  He  gave  notice  on  that  day  that 
''on  to-morrow"  he  would  introduce  a  bill 
to  relocate  the  county  seat  of  Jackson  Coun- 
ty, and  he  made  a  routine  motion  on  another 
subject.  On  the  16th  Mr.  Loring  Wheeler, 
in  accordance  with  previous  notice  given  by 
Mr.  Cox,  reported  a  bill  to  relocate  the  seat 
of  justice  of  Jackson  County. 

During  the  whole  of  the  remainder  of  the 
session,  which  lasted  until  August  1st,  Colo- 
nel Cox  does  not  appear  to  have  answered  a 
roll  call.     On  the  17th  a  call  of  the  House 


SPEAKER  OF  THE  HOUSE  171 

was  ordered  and  Cox,  Hall,  and  Rich  were 
granted  leave  of  absence.  On  the  20th  a  call 
was  again  ordered  and  Cox  with  others  was 
excused.  On  the  28th  Mr.  Cox  alone  of  the 
absentees  Avas  excused.  All  of  which  indi- 
cates that  he  was  probably  absent  on  account 
of  sickness,  but  no  other  information  on  the 
matter  has  been  discovered. 

At  the  regular  election,  held  in  October, 
Colonel  Cox  was  again  presented  as  a  can- 
didate for  Representative  in  Jackson 
County,  and  was  elected.  No  records  can  be 
found  naming  his  opponent  or  giving  other 
information  concerning  his  election. 

When  the  Third  Legislative  Assembly  of 
the  Territory  convened  at  Burlington  on 
November  3,  1840,  Colonel  Cox  found  many 
changes  among  his  colleagues.  Of  those  who 
served  with  him  in  the  previous  Assembh' 
seven  were  returned.  Two  more  had  been 
his  colleagues  in  the  First  Assembly.  But 
the  Council  was  well  filled  with  members 
who  had  served  in  the  House  for  either  the 
First  or  Second  Assemblies.  Eight  out  of 
the  thirteen  in  that  body  had  been  his  col- 
leagues in  the  House  in  former  sessions. 

The  Journal  of  the  House  of  Representa- 
tives for  the  opening  day  of  the  session  con- 


172  THOMAS  COX 

tains  the  following  entry  regarding  the  elec- 
tion of  the  Speaker:  ^^^ 

Mr.  Summers  nominated  Thomas  Cox.  The  mem- 
bers then  proceeded  to  ballot,  after  which,  upon 
counting  the  same,  it  was  found  that  Mr.  Cox  had 
received  a  majority  of  the  whole  number  of  the  votes 
given,  and  was  therefore  declared  duly  elected 
Speaker. 

Thus,  while  the  record  does  not  show  by 
a  detailed  vote  how  nearly  it  approached 
unanimity,  it  does  indicate  that  no  other 
nominations  for  Speaker  were  made  and 
that  the  election  was  accomplished  on  the 
first  ballot.  In  other  words  it  indicates  that 
Colonel  Cox  was  elected  as  their  presiding 
officer  by  his  colleagues  practically  without 
opjDosition.  It  was  an  endorsement  of  his 
abilities  as  a  legislator  and  parliamentarian 
and  of  his  worth  as  a  man  of  which  he  may 
well  have  been  proud  —  especiall}^  if  he 
knew,  as  he  must  have  known,  of  the  efforts 
made  to  discredit  him  a  few  short  months 
before  by  men  high  in  official  position. 

Being  Speaker,  Colonel  Cox  introduced 
no  bills,  and  made  no  motions  during  the 
session,  but  the  Journal  shows  his  vote  on  all 
matters  on  which  a  roll  call  was  demanded. 
There  is  little  in  the  record  to  show  the 


SPEAKER  OF  THE  HOUSE  173 

motives  or  reasons  for  his  votes.  Few  ques- 
tions arose  which  bear  indications  of  being 
decided  by  party  feeling  —  except  the  fre- 
quently recurring  contests  on  public  print- 
ing. Cox  generally  seems  to  have  voted  on 
the  ** economy"  side  of  propositions  to  ex- 
pend money.  He  voted  in  one  case  against 
authorizing  a  lottery. 

During  the  last  ten  days  of  the  session  the 
attention  of  Colonel  Cox  to  his  legislative 
duties  was  interrupted  by  illness.  The  first 
record  on  Tuesday  morning,  January  5, 
1841,  is  this:  ''In  consequence  of  the  ab- 
sence of  the  Speaker,  Mr.  Lash  was  appoint- 
ed Speaker  pro  tempore/^  Ijater  in  that 
morning  session,  however,  "Cox,  Speaker", 
voted  on  a  roll  call.  At  the  afternoon  ses- 
sion, a  call  of  the  House  was  ordered  on 
assembling  which  disclosed  four  absentees, 
Cox  being  one.  The  Sergeant-at-Arms  was 
directed  to  require  the  attendance  of  absen- 
tees, and  they  all  appeared. 

On  the  6th,  a  roll  call  shows  no  vote  from 
Cox;  and  on  the  7th,  leave  of  absence  was 
granted  to  him,  but  not  to  seven  other  absen- 
tees. On  the  8th,  he  appeared  after  a  call 
of  the  House,  but  was  not  present  again 
during  the  remainder  of  the  session,  which 


174  THOMAS  COX 

closed  on  the  15tli  day  of  January.  On  the 
12th,  leave  of  absence  was  granted  to  Mr. 
Cox  alone  of  several  absentees.  On  the  13th 
Mr.  Robertson  offered  the  following:  ''Re- 
solved, that  the  Hon.  Thomas  Cox  be 
allowed  the  sum  of  three  dollars  per  diem 
extra  pay  for  his  services  as  Speaker  of  this 
House  from  the  2nd  day  of  Nov.  1840,  until 
the  4th  day  of  January  1841." 

John  B.  Lash  received  extra  pay  for  six 
days'  service  as  Speaker  pro  tern,  and  Lau- 
rel Summers  for  five  days.  On  the  last  day 
of  the  session  (January  15th)  a  vote  of 
thanks  was  given  to  Laurel  Summers  as 
Speaker  p7^o  tern.  His  farewell  remarks  to 
the  House  begin:  "Gentlemen:  Our  ses- 
sion has  at  length  come  to  a  close,  and  on 
account  of  the  indisposition  of  the  Speaker, 
it  has  become  my  duty  to  adjourn  this 
House. ' '  Local  sources  contribute  no  infor- 
mation about  this  illness. 

At  the  election  in  August,  1841,  Colonel 
Cox  was  again  a  candidate  for  the  legisla- 
ture, and  again  he  was  elected  to  a  seat  in 
the  House;  but  in  this  case  also  it  is  not 
known  whether  or  not  he  had  an  opponent 
or  what  the  vote  was.  The  county  records, 
however,    do    contain   an   entry   regarding 


SPEAKER  OF  THE  HOUSE  175 

this  election.  On  the  record  of  deeds  for 
Jackson  County,  Book  A,  page  97,  we  find 
the  following: 

Belleview,  Jackson  County,  Iowa  Territory.  James 
C.  Mitchell  Esq.  Clerk  of  the  Board  County  Commis- 
sioners' Court. 

Sir.  Please  accept  of  this  as  my  resignation  as 
member  elect  of  the  House  of  Representatives  from 
Jackson  County  at  the  late  general  election  on  August 
last. 

Yours  respectfully, 

Thomas  Cox. 
Recorded  November  2,  1841. 

John  Howe,  Recorder. 

Persistent  inquiries  from  every  accessi- 
ble survivor  of  those  resident  in  the  county 
at  that  period  have  failed  to  find  one  who 
remembers  the  fact  of  that  resignation  or 
could  give  any  knoT\Ti  reason  for  such  ac- 
tion. It  is  not  improbable  that  the  myste- 
rious indisposition  that  seems  to  have  crip- 
pled his  usefulness  at  the  extra  session  of 
1840  and  again  shortened  his  career  as 
Speaker  was  the  controlling  factor  in  his 
now  gi\dng  up  the  honorable  position  to 
which  he  had  been  reelected. 

Xine  years  before  at  Springfield,  Illinois, 
he  had  had  the  good  sense  and  coiu^age  to 
turn   aside   a   high   military    command   to 


176  THOMAS   COX 

whose  duties  he  felt  that  he  could  not  glA^e 
his  full  powers;  so  now  he  feared  that  he 
could  not  go  with  his  colleagues  to  inaugu- 
rate as  a  capital  the  little  city  he  had  plan- 
ned and  platted,  with  the  full  vigor  of  the 
Thomas  Cox  that  his  friends  and  the  Com- 
monwealth had  a  right  to  expect  him  to  be. 
Whether  warned  by  illness  or  weakness  we 
know  not,  but  he  was  man  enough  to  tell  his 
constituents  to  take  back  their  commission 
and  send  some  one  to  represent  them  whose 
powers  were  equal  to  the  task  which  they 
should  demand. 

A  special  election  was  held  on  November 
29, 1841.  It  resulted  in  the  election  of  James 
K.  Moss  of  Bellevue  —  the  compatriot  of 
Colonel  Cox  in  the  stirring  events  of  the 
Bellevue  War  —  as  Representative  in  the 
Fourth  Legislative  Assembly.  This  was  the 
first  legislative  body  to  meet  and  hold  ses- 
sion at  Iowa  City. 


XIX 

A  Member  of  the  CouNcn^  of  the 
Territory 

The  election  of  members  of  the  Coimcil 
occurred  in  1842,  and  Colonel  Cox,  having 
regained  his  health  and  courage,  presented 
himself  as  a  candidate  for  promotion  to  the 
higher  legislative  body.  The  Council  dis- 
trict included  Jackson,  Dubuque,  Delaware, 
and  Clayton  counties  "and  the  country 
thereunto  attached"."^ 

The  Democratic  nominating  convention 
was  held  in  Dubuque ;  local  influences  being 
predominant,  it  chose  two  citizens  of  that 
county,  General  Francis  Gehon  and  Mr. 
Hardin  Nowlin,  as  the  regular  party  nomi- 
nees. The  Whigs  were  not  strong  enough 
to  make  a  fight,  so  Colonel  Cox  and  another 
disappointed  aspirant,  Stephen  Hempstead, 
who  had  just  closed  the  service  of  a  term 
in  the  Council,  presented  themselves  as  in- 
dependent candidates.  Jackson  County  vot- 
ers now  had  an  opportunity  to  show  their 

12 


178  THOMAS  COX 

loyalty  to  one  of  tlieii'  own  citizens  and  tlieir 
respect  for  and  confidence  in  Thomas  Cox. 
Practically  the  solid  vote  of  both  parties 
was  cast  for  him,  which  elected  him  over  all 
opponents. 

By  a  singular  chance  the  number  of  votes 
tallied  for  Stephen  Hempstead  and  Har- 
din Nowlin  was  identical,  and  was  greater 
than  the  number  received  by  General  Ge- 
hon.  Tradition  says  that  Hempstead,  in  a 
spirit  of  old  fashioned  courtesy,  voted  for 
his  opponent,  thus  creating  a  tie  that  re- 
sulted in  his  defeat."^  For,  on  a  special 
election  being  called  to  decide  the  tie,  Colo- 
nel Cox  rallied  his  friends  in  Jackson 
County  to  suj^port  his  old  associate.  General 
Gehon,  and  their  vote  again  decided  the 
contest,  giving  the  victory  to  the  candidate 
who  had  the  fewest  votes  at  the  first  elec- 
tion/^^ 

The  Fifth  Legislative  Assembly  convened 
at  Iowa  City  on  the  5th  day  of  December, 
1842.  Colonel  Cox  found  among  its  thirteen 
members  four  with  whom  he  had  previously 
served  in  the  House. 

Others  in  the  Council  besides  Colonel  Cox 
had  been  elected  on  independent  tickets,  and 
so  that  bodv  could  not  be  strictlv  classed  as 


MEMBER  OF  THE  COUNCIL  179 

either  Democratic  or  Whig.  Newspapers  of 
the  day  agreed  that  there  were  six  Demo- 
crats and  six  Whigs,  but  Joseph  B.  Teas  of 
Jefferson  County  was  claimed  by  both 
parties."'^ 

William  H.  Wallace  was  appointed  Presi- 
dent pro  tern  when  the  Council  convened  on 
the  5th  of  December,  and  on  the  next  day 
came  the  regular  election  for  President. 
Shepherd  Leffler,  an  astute  politician, 
sought  to  land  Mr.  Teas  securely  in  the 
Democratic  camp  by  placing  him  in  nomi- 
nation for  the  high  office. 

The  Whigs  did  not  make  a  foiTiial  nomi- 
nation, but  most  of  them  seem  to  have  voted 
for  Francis  Springer.  Three  ballots  were 
taken  during  the  day  without  result. 

On  the  next  day  the  Whigs  dropjDed 
Springer  and  voted  for  Dr.  John  D.  Elbei-t 
of  Van  Buren.  After  the  fifth  baUot,  ''Mr. 
Gehon  withdrew  the  name  of  Joseph  B. 
Teas,  and  nominated  Thomas  Cox  for  Presi- 
dent." The  sixth  ballot  gave  Elbert  seven, 
Cox  four,  W.  H.  Wallace  one,  and  one 
blank;  and  so  Dr.  Elbert  was  elected. 

When  the  election  of  the  minor  officers 
came  on,  Colonel  Cox  tried  to  secure  the  po- 
sition of  Sergeant-at-Arms  for  his  Bellevue 


180  THOMAS  COX 

compatriot,  Lieutenant  James  L.  Kirkpat- 
rick,  bnt  without  success. 

In  the  assignments  on  standing  commit- 
tees, Cox  was  made  Chairman  of  the  Com- 
mittee on  Military  Affairs  and  member  of 
the  committees  on  Roads,  Territorial  Af- 
fairs, and  Agriculture.  He  took  a  leading 
part  through  the  session  in  matters  of  par- 
liamentary routine  and  frequently  presided 
over  the  Committee  of  the  Whole.  He  in- 
troduced a  bill  to  organize  new  counties  "in 
the  late  cession  from  the  Sac  and  Fox  In- 
dians", and  was  appointed  on  a  committee 
of  conference  when  the  House  disagreed 
with  the  Council  on  the  bill.  He  introduced 
a  bill  to  organize,  discipline,  and  govern  the 
militia,  and  made  a  persistent  fight  to  en- 
courage the  introduction  of  sheep  raising 
into  the  Territory  by  exempting  large  flocks 
from  execution.  The  Journal  affords  almost 
certain  evidence  that  he  was  present  at 
everv  session  of  the  Council. 


XX 

President  of  the  Council 

The  Sixth  Legislative  Assembly  convened 
at  Iowa  City  on  December  4,  1843.  The 
Council  having  been  elected  for  two  years, 
no  changes  appeared  in  its  personnel.  For 
its  temporary  organization  on  the  first  day 
Francis  Springer  was  chosen  President  pro 
tern  without  opposition.  Uncertain  party 
affiliation  of  some  members  seems  to  have 
been  a  disturbing  factor  from  the  beginning 
of  the  session.  Mr.  Teas  did  not  yet  appear 
to  be  properly  branded,  and  skillful  finesse 
must  be  used  to  keep  him  within  the  party 
pasture.  The  election  of  President  should 
have  occurred  on  the  second  day  of  the  ses- 
sion, but  General  Gehon  of  Dubuque,  a  valu- 
able Democratic  leader,  had  not  yet  arrived ; 
so  Colonel  Cox  moved  to  postpone  the  elec- 
tion until  '* Thursday  next",  which  was 
agreed  to. 

On  that  day  the  matter  was  taken  up, 
although  as  vet  onlv  twelve  members  were 


182  THOMAS  COX 

present.  John  P.  Cook  for  the  Whigs  put 
in  nomination  Francis  Springer.  The 
Democrats  made  no  formal  nomination,  but 
resumed  their  tactics  of  the  preceding  ses- 
sion b}^  voting  for  Joseph  B.  Teas.  The  fii'st 
ballot  was  as  follows:  Springer  four,  Teas 
six,  and  two  blank. 

On  the  third  ballot  the  name  of  Thomas 
Cox  apj)eared  with  one  vote.  Then  the 
Council  proceeded  to  the  election  of  Secre- 
tar}^  and  other  minor  officers,  but  resumed 
balloting  on  President  at  the  afternoon  ses- 
sion. Four  ballots  were  taken  with  Cox 
showing  increasing  strength  at  the  expense 
of  Teas.  Balloting  was  resumed  on  Decem- 
ber 8th,  when  the  Democrats  swung  back  to 
Teas.  The  opening  ballots  were  as  follows : 
eighth  ballot,  Springer  5,  Teas  5,  blank  2; 
ninth  ballot.  Springer  6,  Teas  3,  blank  3.  The 
tenth  ballot  was  unchanged  except  that  Cox 
took  one  of  Springer's  six.  Then  the  Demo- 
crats definitely  abandoned  Teas  and  took  up 
Cox  as  their  candidate. 

The  eleventh,  twelfth,  and  thirteenth  bal- 
lots were  identical  with  Springer  five,  Cox 
five,  and  two  blank.  Then  Mr.  Cook  moved 
to  indefinitely  postpone  the  election  of 
President,  but  his  motion  received  the  votes 


PRESIDENT  OF  THE  COUNCIL         183 

only  of  himself  and  Mr.  Wallace.  Mr. 
Leffler  followed  with  a  motion  to  posti)one 
the  election  until  the  second  Tuesday  of 
January,  1844,  which  was  carried. 

The  Council  then  proceeded  with  the  regu- 
lar business  of  the  session ;  and  the  appoint- 
ment of  standing  committees  shows  that  Cox 
was  made  Chairman  of  the  Committee  on 
Internal  Improvements  and  a  member  of 
the  committees  on  County  and  TowTishii) 
Boundaries,  on  Agriculture,  and  of  the  joint 
committee  to  prepare  rules.  The  Journal 
shows  him  to  have  been  present  at  every 
meeting  of  the  session  and  to  have  taken  an 
active  part,  as  usual,  in  the  parliamentary 
routine. 

The  struggle  to  elect  a  President  was 
resumed  on  the  9th  of  January,  all  of  the 
thirteen  members  being  then  present.  Seven 
ballots  were  taken  on  that  day.  Cox  seems 
to  have  had  practically  the  full  Democratic 
support,  having  six  votes  on  three  of  the 
ballots.  Springer's  highest  vote  was  four 
on  the  fourteenth  ballot.  He  received  three 
Totes  on  thi-ee  ballots,  two  on  the  seven- 
teenth and  nineteenth  and  only  one  on  the 
twentieth.  Mr.  Teas  seems  to  have  been 
coquetting  with  the  Whigs,  since  he  received 


184  THOMAS  COX 

two  votes  on  four  ballots.  Other  Whig  votes 
were  cast  for  John  P.  Cook  and  J.  D.  Elbert. 

On  January  10th  three  ballots  were  taken, 
on  all  of  which  Springer  received  his  full 
strength  of  six  votes  while  Cox  dropped 
back  to  four.  Teas  received  one  vote  and  the 
others  were  blank.  On  January  11th  Mr. 
Springer  withdrew  his  name  and  Mr.  Teas 
fully  changed  front  by  appearing  as  the 
Whig  candidate.  The  twenty-fourth  ballot 
resulted:  Teas  five,  Cox  four,  and  four 
blank.  After  two  more  futile  ballots  Mr. 
Teas  withdrew.  A  motion  to  take  up  the 
regular  order  of  business  was  lost,  and  bal- 
loting resumed  with  the  Whigs  all  at  sea. 
The  twenty-seventh  ballot  stood:  Cox  five, 
Teas  one,  Wallace  one,  Cook  two,  W.  Pat- 
terson two,  Robt.  Christie  one,  and  one 
blank.  On  the  twenty-eighth  ballot  the 
Whigs  generally  rallied  to  the  support  of 
W.  H.  Wallace,  the  vote  being  Cox  five, 
Wallace  four.  Cook  one,  Christie  one,  and 
two  blank. 

The  deadlock  was  finally  broken  on  the 
thirty-first  ballot.  Colonel  Cox  received 
seven  votes,  Mr.  Wallace  four,  and  two  were 
blank.  The  persistence  of  blank  votes  on 
everv  ballot  would  indicate  that  civilization 


PRESIDENT  OF  THE  COUNCIL         185 

had  not  advanced  in  those  days  sufficiently 
to  allow  a  candidate  to  vote  for  himself. 
The  Journal  informs  us  that  Colonel  Cox 
returned  thanks  for  the  honor  conferred 
upon  him,  and  that  his  place  on  committees 
was  given  to  Mr.  Springer."^ 

In  his  message  to  the  Assembly,  Governor 
Chambers  strongly  recommended  that  meas- 
ures be  taken  to  secure  the  admission  of  the 
Territory  as  a  State.^^^  In  furtherance  of 
that  object  the  Council  appointed  a  select 
committee  on  the  12th  of  December,  to 
which  was  referred  that  part  of  the  Gover- 
nor's message  relating  to  State  govermnent. 
Colonel  Cox  was  made  a  member  of  that 
committee.  The  committee  reported  for 
consideration  a  memorial  to  Congress  rela- 
tive to  the  formation  of  a  constitution  and 
State  government  and  suggesting  boundary 
lines.  During  its  consideration  on  January 
4th  Cox  moved  to  amend  the  memorial  by 
substituting  the  forty-fifth  parallel  of  north 
latitude  as  the  northern  boundary  of  the 
State.  This  amendment  was  passed  by  the 
Council,  and  the  boundary  lines  suggested 
to  Congress  by  the  Legislative  Assembly 
were  as  follows : 

Beginning  in  the  middle  of  the  main  channel  of 


186  THOMAS   COX 

the  Mississippi  River  at  a  point  east  of  the  middle  of 
the  main  channel  of  the  Des  Moines  River  where  it 
empties  into  the  Mississippi  River,  thence  up  the  Mis- 
sissippi River,  following  the  middle  of  the  main  chan- 
nel of  the  same  to  the  forty-fifth  degree  of  north 
latitude,  thence  on  the  parallel  of  said  forty-fifth 
degree  of  north  latitude  to  the  source  of  Cactus  River, 
an  east  branch  of  Calumet  or  Sioux  River,  thence 
down  said  river  following  the  middle  of  the  main 
channel  thereof  to  the  middle  of  the  main  channel  of 
the  Missouri  River,  thence  down  the  Missouri  River 
following  the  middle  of  the  main  channel  thereof  to 
a  point  west  of  the  line  that  may  be  established  by 
Congress  under  the  act  approved,  June  18th,  1838, 
entitled  an  act  to  authorize  the  President  of  the 
United  States  to  cause  the  southern  boundary  line 
of  the  Territory  of  Iowa  to  be  ascertained  and  marked ; 
thence  east  with  said  line  to  the  middle  of  the  main 
channel  in  the  Des  Moines  River,  thence  downward 
along  the  middle  of  the  main  channel  of  the  Des 
Moines  River  to  the  place  of  beginning.^i* 

But  the  Constitutional  Convention  which 
met  at  Iowa  City  in  October,  1844,  adopted 
as  the  northern  boundary  of  the  proposed 
State  the  St.  Peters  (Minnesota)  and  Bhie 
Earth  (Mankato)  rivers,  which  had  been 
proposed  in  the  memorial  before  the  adop- 
tion of  the  Cox  amendment.  Mr.  Lang- 
worthy  of  Dubuque  advocated  in  the  Con- 
A'ention   the   forty-fifth   parallel  boundary, 


PRESIDENT  OF  THE  COUNCIL         187 

but  could  not  secure  votes  enough  to  carry 
it.  Congress  further  limited  the  boundaries 
on  the  north  and  west  and  this  was  so  deeply 
resented  that  the  Constitution  was  rejected 
by  popular  vote. 

A  lively  contest  in  this  session  of  the  As- 
sembly arose  on  the  bill  providing  for  a  Con- 
stitutional Convention,  as  to  the  number  of 
delegates  who  should  compose  it.  Cox 
fought  strenuously  for  an  apportiomnent 
that  would  give  a  liberal  number  of  delegates 
to  the  northern  counties.  Ten  different 
propositions  were  voted  on.  On  January 
11th  an  amendment  carried  which  received 
the  vote  of  Cox,  fixing  the  total  number  of 
delegates  at  sixty-five  and  giving  Jackson 
three,  Clinton  two,  Dubuque  and  counties 
north  seven.  But  on  January  20th  the  south- 
ern counties  gained  an  advantage  by  carry- 
ing an  amendment  to  give  Jackson  two  dele- 
gates, Clinton  one,  Dubuque  three,  Delaware 
and  Buchanan  one,  Clayton  and  Fayette 
one,  and  raising  Lee,  Des  Moines,  and  Van 
Buren  each  from  six  to  eight.  Cox  voted 
against  this  amendment,  which  carried  by  a 
vote  of  seven  to  six,  and  then  he  voted 
against  the  bill  which  received  seven  affirma- 
tive votes  and  five  ne2;"ative. 


188  THOMAS  COX 

The  Assembly  adjourned  on  February 
19th.  Cox  had  served  as  President  for 
thirtj^-eight  days,  and  Springer  for  thirty- 
seyen.  On  motion  of  Dr.  Elbert  the  follow- 
ing resolution  was  passed: 

Resolved,  that  the  thanks  of  the  Council  are  hereby 
tendered  to  the  Hon,  Thomas  Cox  for  the  able,  im- 
partial and  highly  satisfactory  manner  in  which  he 
has  discharged  the  duties  of  President  of  the  Council 
during  the  present  session. 

On  adjoui-nment,  the  President  addressed 
the  Council  as  follows : 

Gentlemen,  As  the  time  for  our  separation  is  draw- 
ing nigh,  I  ask  your  kind  indulgence  a  few  moments 
before  we  separate.  We  have,  in  the  discharge  of  our 
duties  as  Representatives  of  the  people,  passed  a  great 
many  general  and  local  laws,  all  of  which,  I  hope, 
may  have  a  salutary  effect  upon  our  constituency. 

Gentlemen  it  gives  me  great  pleasure  to  say  that 
in  our  intercourse  with  each  other,  in  the  discharge  of 
our  official  duties,  I  have  seen  nothing  to  disturb  that 
social  and  friendly  feeling  that  ought  to  exist  in  a 
deliberative  body.  If  we  have  differed  on  minor 
points,  it  was  but  for  the  moment,  and  I  am  in  hopes 
it  will  remain  within  these  walls. 

Gentlemen,  I  feel  much  affected  in  taking  my  leave 
of  you;  I  have  been  associated  in  either  House  with 
several  of  you  ever  since  we  became  organized  as  a 
Territory,  and  with  you  all  for  the  last  two  sessions; 
you  appear  to  me  as  part  of  my  family,  and  my  asso- 


PRESIDENT  OF  THE  COUNCIL         189 

ciations  with  you  will  long  be  remembered  by  me  in 
my  retirement. 

Gentlemen,  be  pleased  to  accept  my  thanks  for  the 
kind  indulgence  I  have  received  from  you,  individu- 
ally, as  your  presiding  officer.  You  carry  with  you 
to  your  homes,  my  best  wishes  for  your  future  health 
and  happiness. 

Among  the  acts  passed  by  the  Sixth  Leg- 
islative Assembly  was  one  approved  Febru- 
ary 15,  1844,  entitled  "An  Act  to  provide 
for  taking  the  Census,  and  an  Extra  Session 
of  the  Legislative  Assembly  of  this  Terri- 
tory. ' '  Section  four  of  that  act  provides  for 
an  extra  session  to  *'be  begun  and  holden  at 
Iowa  City  on  the  sixteenth  day  of  June, 
1844,  for  the  purpose  of  making  an  appor- 
tionment of  members  of  the  Council  and 
House  of  Representatives  among  the  several 
counties  of  the  Territory,  giving  to  each  sec- 
tion of  the  Territory  representation  in  the 
ratio  of  its  white  population  as  nearly  as 
may  be,  according  to  the  census  taken  under 
the  provisions  of  this  act." 

This  extra  session  began  on  June  17, 1844, 
and  before  its  adjournment  eighteen  acts 
and  two  joint  resolutions  were  passed.  The 
Journals  of  the  session  were  not  printed; 
nor  can  they  now  be  found  in  manuscript. 


190  THOMAS  COX 

The  only  official  record  of  its  existence  is  the 
printed  Latvs  of  the  session,  from  the  title 
page  of  which  it  is  seen  that,  like  the  extra 
session  of  1840,  the  organization  of  the  regu- 
lar session  was  not  recognized,  but  new  pre- 
siding officers  were  elected  in  each  branch."'' 
General  Francis  Gehon,  Colonel  Cox's  col- 
league from  Dubuque  whom  he  was  so  large- 
ly instrumental  in  electing,  became  Presi- 
dent of  the  Council ;  and  the  Speaker  of  the 
House  was  the  Representative  from  Jackson 
County,  the  Colonel's  neighbor  and  intimate 
friend,  John  Foley  of  Bellevue. 

We  have,  indeed,  no  positive  evidence 
from  any  source  that  Colonel  Cox  was  pres- 
ent at  this  short  extra  session,  although  we 
have  no  reason  to  believe  that  he  was  not. 
The  precedent  of  the  extra  session  of  1840 
accounts  fully  for  the  fact  that  his  holding 
over  as  President  from  the  regular  session 
was  not  recognized.  The  same  was  true  in 
regard  to  the  Speaker  of  the  House,  Hon. 
James  P.  Carleton  of  Johnson  County  hav- 
ing been  Speaker  at  the  regular  session. 


XXI 

Death  and  Burial 

Colonel  Cox  watched  with  keen  interest 
the  proceedings  of  the  Constitutional  Con- 
vention which  began  its  meetings  on  the  7th 
of  October,  1844.  By  strenuous  efforts  he 
had  secured  for  his  county  the  ample  repre- 
sentation of  three  delegates  to  the  Conven- 
tion, and  those  elected  were  all  his  intimate 
personal  and  political  friends.  They  were 
Rev.  Joseph  Scott  Kirkpatrick,  William 
Morden,  and  Richard  B.  Wyckoff,  a  New 
Yorker  who  had  recently  been  commissioned 
as  Colonel  in  the  Territorial  militia.  It  is  a 
family  tradition  that  these  and  other  influ- 
ential friends  were  planning  to  bring  out 
Colonel  Cox  as  a  candidate  for  Governor 
from  the  north  part  of  the  Territory  at  the 
first  election  of  State  officers,  should  the 
Constitution  be  adopted.^'*' 

But  before  the  time  fixed  for  the  vote 
upon  the  adoption  of  the  Constitution  the 
stalwart  old  pioneer  had  obeyed  a  more  im- 


192  THOMAS  COX 

perious  mandate.  An  attack  of  pneumonia 
complicated  with  liver  congestion  termi- 
nated his  life  on  November  9,  1844.  He  was 
buried  under  a  handsome  young  hickory 
tree  which  he  had  selected  to  mark  his  last 
resting  place.^^^  The  officiating  clergyman 
at  the  funeral,  which  occiu^red  on  the  after- 
noon of  Sunday,  November  10,  1844,  was 
Rev.  William  Salter,  a  young  Congregation- 
alist  who  as  one  of  the  '^low^a  Band"  had 
come  to  the  Territory  of  Iowa  in  the  fall  of 
1843.  He  had  been  assigned  to  the  settle- 
ments of  Springfield  and  Andrew  in  Jack- 
son County  and  had  begun  his  work  on  No- 
vember 10,  1843. 

Long  years  passed.  The  Cox  famih^ 
moved  west.  And  men's  minds  turned  away 
from  the  lonely  grave  under  the  hickory 
tree.^^^  The  double  log  cabin  of  the  pioneer 
lawmaker  disappeared  and  was  succeeded 
by  the  pretentious  frame  residence  of  new 
owners  of  Richland  Farm.  A  generation 
had  come  which  ''knew  not  Joseph",  and  in 
1904  it  was  no  easy  task  for  the  Jackson 
County  Historical  Society  to  find  the  last 
resting  place  and  to  trace  the  personal  his- 
tory of  him  who  sixty  years  earlier  had 
been  the  county's  most  prominent  citizen. 


DEATH  AND  Bl^RIAL  lOH 

By  the  aid  of  a  pioneer  who  had  worked  on 
the  farm  fifty  years  before,  and  who  remem- 
bered the  exact  location  of  the  fringe  of 
stones  which  bounded  it,  the  position  of  the 
grave  was  located.  Then  it  was  resolved 
that  the  remains  should  be  removed  to 
Mount  Hope  Cemetery,  in  the  city  of  Ma- 
quoketa,  and  marked  by  a  suitable  monu- 
ment. 

Through  the  generosity  of  Mr.  William 
F.  Jones,  a  monolith  of  singular  appropri- 
ateness was  soon  provided.  Jackson  County 
lies  principally  within  the  anomalous 
*'Driftless  Area  of  North  America".  Thin 
patches  of  glacial  drift  of  the  Kansan  age 
are  found  in  the  southern  and  western  parts 
of  the  county,  indicating  that  the  boundary 
of  the  driftless  area  lies  within  its  borders. 
About  a  mile  north  of  the  old  farm  of 
Thomas  Cox  there  is  deposited  a  collection 
of  boulders  of  unusual  size.  The  glacial 
clays  and  gravels  in  which  they  must  have 
once  been  imbedded  haA^e,  in  the  course  of 
ages,  been  washed  away  from  the  hillside 
on  which  they  lie ;  but  the  size  of  the  rocks 
and  their  position  strongly  indicate  that 
they  mark  a  terminal  moraine  and  are,  in 
fact,  on  the  boundary  line  of  the  driftless 

13 


194  THOMAS  COX 

area.  It  was  one  of  these  giant  boulders,  a 
gneissoid  granite,  about  six  and  one-half 
feet  in  height  by  about  three  and  one-half 
feet  in  each  of  the  other  dimensions,  that 
Mr.  Jones  exhumed  from  its  bed  and  do- 
nated to  the  Historical  Society  as  a  memo- 
rial to  the  oldest  pioneer  of  the  neighbor- 
hood. 

The  ceremony  of  unveiling  this  unique 
monument  occurred  on  the  Fourth  of  July, 
1905.  Nearly  sixty-one  years  before  Rev. 
William  Salter  had  officiated  at  the  funeral 
of  Thomas  Cox ;  and  now  this  venerable  man 
stood  in  Mount  Hope  Cemetery,  at  Maquo- 
keta,  and  assisted  in  the  unveiling  of  a 
monument  under  which  the  remains  of 
Thomas  Cox  had  been  reinterred.^^^ 

Possessed  of  faults  that  were  largely  the 
outgrowth  of  the  pioneer  environment  in 
which  his  entire  life  was  spent,  Thomas  Cox 
was  ever  trusted  and  honored  for  his  strict 
integrity  and  his  force  of  character.  He  was 
a  representative  of  the  Southern  element 
that  furnished  so  large  a  proportion  of  the 
earliest  settlers  of  Iowa.  His  career  is  in- 
terwoven with  the  earliest  events  in  the 
making  of  Iowa,  and  with  those  of  the  mak- 
ing of  Illinois  as  well.    As  typical  of  the 


DEATH  AND  BURIAL  195 

lives  of  local  leaders  among  the  pioneers  of 
the  West  and  of  Iowa  the  career  of  Thomas 
Cox  is  worthy  of  the  consideration  of 
thoughtful  students  of  history. 


NOTES     AND    REFERENCES 


NOTES  AND  REFERENCES 

CHAPTEE  I 

^  Kentucky  was  at  this  time  a  county  under  the 
jurisdiction  of  Virginia.  Its  full  separation  was  not 
effected  until  1790;  and  it  did  not  become  a  State  in 
the  Union  until  1792. 

-  The  children  of  Robert  and  Jane  [Robinson]  Cox 
were : 

(a)  Thomas,  born  1787 

(b)  Sarah,  married Lucas 

(c)  Eleanor,  married  (1)   Isaac  Betts,   (2)  

Young,  and  (3)  General  James  Collins;  died 
childless. 

(d)  John  W.,  married  Margaret  Hilyard;  died 
near  Hanford,  California,  188 — 

(e)  Rachel,  married  Ephraim  Neville 

^  Mr.  S.  B.  Cox,  son  of  Thomas  Cox,  wrote  in  1905 : 
**One  of  the  former  slaves  visited  us  when  we  lived  in 
Iowa ' '. 

*  United  States  Statutes  at  Large,  Vol.  II,  p.  514. 

^  James's  The  Territorial  Records  of  Illinois  (Puh- 
lications  of  the  Illinois  State  Historical  Library,  No. 
Ill),  p.  3.  This  slender  but  very  valuable  volume, 
which  is  edited  by  Edmund  J.  James,  contains  the 
Executive  Register  for  the  entire  Territorial  period 
and  the  Journals  of  the  Executive  Council  and  House 
of  Representatives  for  the  year  1812, 


200  THOMAS   COX 

"  His  home  in  Kentucky  had  been  at  Russellville,  a 
town  southM^est  of  Louisville  and  near  the  Tennessee 
line.  We  have  no  evidence  that  Robert  Cox  lived  in 
the  same  part  of  the  State;  but  that  he  was  well  ac- 
quainted with  Governor  Edwards,  and  that  his  re- 
moval to  Illinois  was  a  consequence  of  that  gentle- 
man's appointment  and  change  of  residence  is  at  least 
a  plausible  conjecture  that  finds  support  in  the  fact 
that  both  Robert  and  Thomas  Cox  received  official 
appointments  at  his  hands  at  early  periods  in  their 
residence  at  Kaskaskia. 

^James's  The  Territorial  Records  of  Illinois  (Puh- 
lications  of  the  Illinois  State  Historical  Library,  No. 
Ill),  p.  6. 

^James's  I'he  Territorial  Records  of  Illinois  {Pub- 
lications of  the  Illinois  State  Historical  Library,  No. 
Ill),  p.  32.  On  the  same  day  Thomas  Cox  was  ap- 
pointed to  a  lieutenancy  in  the  Second  Regiment.  He 
had  been  made  ensign  in  this  regiment  on  March  24th 
of  the  preceding  year. — -See  James's  The  Territorial 
Records  of  Illinois  {Publications  of  the  Illinois  State 
Historical  Library,  No.  Ill),  p.  29. 

'■• ' '  Col.  Cox  told  me  that  he  had  acted  as  Sheriff  of 
one  of  the  two  counties  that  constituted  Illinois  in 
early  times,  and  had  taken  the  census  when  it  had 
only  6000  population." — Letter  from  William  Salter 
to  the  writer. 

The  census  of  1810  found  12,282  inhabitants  in 
Illinois  Territory. 

The  regular  Sheriff,  Colonel  Benjamin  Stephenson 
also  emigrated  from  Kentucky  in  1809  and  was  a  very 


NOTES  AND  REFERENCES  201 

intimate  friend  of  Governor  Edwards.  James  Gil- 
breath  was  appointed  Sheriff  of  Randolph  County  by 
Acting  Governor  Pope  as  one  of  his  first  official  acts, 
April  28,  1809.  Governor  Edwards  removed  him  on 
June  28,  1809,  and  appointed  Benjamin  Stephenson. 
— James's  The  Territorial  Records  of  Illinois  (Publi- 
cations of  the  Illinois  State  Historical  Library,  No. 
III),pp.  4,  8. 

Stephenson  became  a  Colonel  of  militia  in  the  War 
of  1812,  Adjutant  General  of  Illinois  Territory  in 
1813,  and  Delegate  to  Congress  in  1814-1816.— Wash- 
burne's  The  Edwards  Papers  (Chicago  Historical  So- 
ciety's Collection,  Vol.  Ill),  p.  120;  James's  The  Ter- 
ritorial Records  of  Illinois  (Publications  of  the  Illinois 
State  Historical  Library,  No.  Ill),  p.  30. 

Gilbreath  had  quite  a  different  record.  The  Terri- 
torial Records  (pp.  18,  38)  disclose  that  on  February 
3.  1811,  the  Governor  remitted  a  fine  imposed  upon 
him  for  breach  of  the  gambling  act,  and  that  in  1815 
he  was  expelled  from  the  Territorial  House  of  Repre- 
sentatives—  offense  not  stated. 

^^  Washburne  's  The  Edwards  Papers  ( Chicago  His- 
torical Society's  Collection,  Vol.  Ill),  pp.  72-78. 
Ninian  Edwards,  who  was  Governor  during  the  en- 
tire Territorial  period,  became  one  of  the  first  two 
T'nited  States  Senators  from  the  State  of  Illinois  and 
in  1826  was  elected  Governor  of  the  State  in  whose 
Territorial  career  he  had  so  largely  figured.  His 
papers,  which  fill  a  volume  of  over  six  hundred  pages. 
are  a  most  valuable  source  of  information  concerning 
early  Illinois  and  western  history. 


202  THOMAS  COX 

CHAPTER  II 

^^  These  forts  were:  Michilimaekinac,  Detroit,  Ni- 
agara, Oswegotche,  Point  au  Fer,  Dutchman's  Point, 
and  Prairie  du  Chien. —  Stevens's  Illinois  in  the  War 
of  1812-1814  in  Publication  No.  9  of  the  Illinois  State 
Historical  Library,  p.  62. 

^-James's  The  Territorial  Records  of  Illinois  (Pub- 
lications of  the  Illinois  State  Histot'ical  Library,  No. 
Ill),  p.  8. 

^^  This  roster  is  given  in  Stevens 's  Illinois  in  the 
War  of  1812-1814  in  Publication  No.  9  of  the  Illinois 
State  Historical  Library,  p.  179.  The  company  is 
listed  as  Captain  Henry  Cook's  Company  with  the  ex- 
planation that  it  was  formerly  the  company  of  Cap- 
tain Samuel  Judy.  Captain  Judy  was  appointed 
Major  of  the  Second  Battalion  of  the  Second  Regiment 
on  April  12,  1812,  and  his  lieutenant,  Henry  Cook, 
succeeded  him.  Judy  had  been  one  of  Acting  Gover- 
nor Pope 's  first  appointees,  having  been  made  Lieuten- 
ant of  a  cavalry  company  on  May  3,  1809.  His  com- 
mission as  Captain  of  the  militia  of  St.  Clair  County 
came  January  2,  1810,  and  he  became  Colonel  of  the 
Second  Regiment  on  the  death  of  Colonel  William 
Whiteside  in  March,  1815.  On  January  11,  1816,  he 
was  appointed  Judge  of  the  County  Court  of  Madison 
County. — James's  The  Territorial  Records  of  Illinois 
{Publications  of  the  Illinois  State  Historical  Library, 
No.  Ill),  pp.  5,  12,  24,  36,  39. 

"  Bankson,  who  had  been  a  Lieutenant  among  the 
temporary  appointments  in  1810,  became  Second  Lieu- 
tenant, United  States  Rangers,  in  1813,  Major  in  the 


NOTES  AND  REFERENCES  203 

Second  Regiment  of  Illinois  Militia  in  1817,  and 
Colonel  of  the  Tenth  Regiment  in  1818. —  James's 
The  Territorial  Records  of  Illinois  {Publications  of 
the  Illinois  State  Historical  Library,  No.  Ill),  pp. 
17,  47,  56. 

^^  Samuel  Hopkins,  born  in  Albemarle  County,  Vir- 
ginia, rose  to  the  rank  of  Colonel  in  the  Revolutionary- 
War,  served  with  distinction  at  Trenton,  Monmouth, 
and  Brandywine,  and  was  severely  wounded  at  Ger- 
mantown.  He  settled  in  Kentucky  in  1797,  served  in 
its  legislature  for  several  terms,  and  was  a  member  of 
Congress  from  1813  to  1815.  In  1819  he  died  in  Ken- 
tucky, in  Hopkins  County  —  named  in  his  honor. 

^"  In  the  roster  of  Captain  Craig's  company  we  find 
the  name  of  Robert  Cox;  but  it  may  be  doubted 
whether  this  was  the  father  of  Thomas  Cox,  since  he 
must  then  have  been  over  fifty  years  old  and  did  not 
live  at  Shawneetown. —  Stevens 's  Illinois  in  the  War 
of  1812-1814  in  Publication  No.  9  of  the  Illinois  State 
Historical  Library,  p.  185. 

^'^  See  letters  from  Thomas  Craig  to  Governor  Ed- 
wards, November  16  and  December  10,  1812,  reporting 
his  actions  at  Peoria. —  Washburne's  The  Edwards 
Papers  (Chicago  Historical  Society's  Collection,  Vol. 
Ill),  pp.  85,  86-90. 

^*  Thomas  Forsythe  was  later  appointed  agent  for 
the  Sacs  and  Foxes  at  the  important  post  of  Fort 
Armstrong.  This  position  he  retained  until  1831 
when  he  was  superseded  by  Felix  St.  Vraiu. 

^^  Antoine  LeClaire,  a  Canadian-French  half  breed, 
established  a  trading  post  at  Milwaukee  in  1808  and 


L>04  THOMAS  COX 

Avas  later  connected  in  the  fur  business  with  John 
Kinzie  of  Fort  Dearborn.  He  espoused  the  American 
cause  in  the  War  of  1812,  and  afterwards  entered  the 
government  service  as  interpreter.  He  served  in  this 
capacity  at  Fort  Armstrong  in  1818,  was  married  to 
the  granddaughter  of  Acoqua,  chief  of  the  Sacs,  in 
1820;  and  in  the  same  year  made  an  expedition  to 
Arkansas  to  watch  the  movements  of  the  Indians.  He 
returned  later  to  Fort  Armstrong  and  acted  as  in- 
terpreter at  the  treaty  of  1832  by  which  the  United 
States  came  into  possession  of  the  Black  Hawk  Pur- 
chase. He  was  one  of  the  proprietors  and  founders  of 
the  town  of  Davenport  and  one  of  its  leading  citi- 
zens for  a  long  period  of  years. 

-°'*  Deposit  a  letter  in  any  post  office  of  Illinois, 
however  remote  or  obscure,  with  no  other  superscrip- 
tion than  these  three  words  —  '  The  Old  Ranger '  - — 
and  it  would  go  straight  to  him  at  Belleville." — 
Quoted  in  Snyder's  An  Inquiry  in  Publication  No.  9 
of  the  Illinois  State  Historical  Library,  p.  59. 

Governor  Reynolds  afterward  (August  22,  1815) 
became  Judge  Advocate  of  the  Second  Regiment  of 
the  Illinois  Militia.  He  was  a  Pennsylvanian,  born 
in  1789 ;  and  he  came  to  what  is  now  Madison  County, 
Illinois,  with  his  father  about  1807. 

-^  The  details  of  this  expedition  as  given  l)y  Reynolds 
and  by  Edwards  are  presented  in  Stevens's  Illinois  in 
the  War  of  1812-1814  in  Publication  No.  9  of  the  Illi- 
nois State  Historical  Library,  pp.  131-138. 

"-  Quoted  from  John  Reynolds  in  Stevens 's  Illinois 
in  the  War  of  1812-1814  in  Publication  No.  9  of  the 
Illinois  State  Historical  Library,  p.  133. 


NOTES  AND  REFERENCES  205 

-^  See  letter  from  General  Samuel  Hopkins  to  Gov- 
ernor Shelby,  October  6,  1812,  printed  in  Stevens's 
Illinois  in  the  War  of  1812-1814  in  Publication  No.  9 
of  the  Illinois  State  Historical  Library,  pp.  128-181. 

-*  James's  The  Territorial  Records  of  Illinois  {Pub- 
lications of  the  Illinois  State  Historical  Library,  No. 
Ill),  pp.  29,  32,  59. 

-"  See  letter  from  Ninian  Edwards  to  President 
James  Monroe,  December  22,  1820,  and  letter  from 
President  James  Monroe  to  Ninian  Edwards,  January 
23,  1823.— Washburne's  The  Edwards  Papers  {Chi- 
cago Historical  Society's  Collection,  Vol.  Ill),  pp. 
173,  205. 

-®  See  the  rosters  given  in  Stevens's  Illinois  in  the 
War  of  1812-1814  in  Publication  No.  9  of  the  Illinois 
State  Historical  Library,  pp.  171-197. 

-'  Nathan  Boone,  who  was  a  son  of  Daniel  Boono. 
became,  in  1832,  Captain  in  a  battalion  of  Ranger 
companies  under  command  of  Major  Henry  Dodge, 
and  was  sent  to  Fort  Gibson,  in  the  present  confines  of 
Oklahoma.  A  year  later  he  enlisted  with  the  same 
rank  in  a  regiment  of  ]Mounted  Rangers  commanded  by 
Colonel  Henry  Dodge,  which  accomplished  a  number 
of  important  marches  in  the  years  1834  and  1835  ex- 
tending over  an  area  covering  five  of  the  present 
States  of  the  Mississippi  Valley. —  See  Pelzer's  A 
Journal  of  Marches  by  the  First  United  States  Dra- 
goons, 1834-1835  in  The  Iowa  Journal  of  History  and, 
Politics,  Vol.  VII,  No.  3,  pp.  331-378. 

-«"In  an  obituary  written  by  Maj.  Ben.  C.  Free- 
man  [who  married  Augusta  ^Tallard.  granddaughter 


206  THOMAS  COX 

of  Colonel  Cox]  at  my  brother  Thomas'  death,  he 
mentioned  my  father  as  having  carried  despatches 
from  Gen.  Harrison's  army  near  the  Lakes,  presuma- 
bly to  the  headquarters  of  the  regular  army  at  Mari- 
etta, Ohio,  during  the  War  of  1812." — Letter  from 
S.  B.  Cox  to  the  writer,  August  2,  1905. 

-^  The  original  of  this  portrait  is  an  oil  painting 
executed  about  1813  when  Cox  was  twenty-six  years 
old.  The  canvas  was  badly  wrinkled  and  marred  dur- 
ing the  journey  of  the  family  across  the  plains  to 
California.  It  was  restored  in  later  years  by  a  some- 
what unskilled  artist. 

CHAPTER  III 

^^  Genealogy  of  the  Cox  family  by  S.  Bolivar  Cox 
and  Thomas  E.  Nichols,  published  in  the  Jackson  Sen- 
tinel in  June,  1905.  The  mother  died  in  1843  at 
Bellevue,  Iowa. 

^^' '  Mrs.  Cox  told  me  that  she  was  a  native  of  Khode 
Island,  her  mother  a  Quakeress,  and  that  she  came  at 
the  age  of  sixteen  to  Ste.  Genevieve,  Mo. ' ' —  Quoted 
from  a  letter  by  Rev.  William  Salter  to  the  writer. 

^^  Daniel  Bartlett  's  children  were : 

(a)  Daniel,  who  went  south  to  look  at  the  coun- 
try shortly  after  the  family  reached  Mis- 
souri and  died  in  Little  Rock,  Arkansas.  He 
never  married. 

(b)  William,  who  married  in  Cincinnati  when 
the  family  was  on  the  way  to  Missouri.    He 

:        separated  from  his  wife,  and  there  were  no 


NOTES  AND  REFERENCES  207 

children.    He  died  on  the  Bartlett  farm  near 
Ste.  Genevieve,  in  1837. 
(e)   Susan,  who  married  Elijah  Carter  and  went 
to  Cincinnati  to  reside. 

(d)  Roba,  born  at  Cumberland  Hill,  Rhode  Is- 
land, 1793 ;  married  Thomas  Cox,  1815,  at 
Kaskaskia,  Illinois ;  and  died  in  Los  Angeles, 
California,  August  18,  1883, 

(e)  Deborah,  who  married  Thomas  Carter,  the 
brother  of  Elijah,  and  went  to  Cincinnati  to 
reside. 

(f)  Lemuel,  who  married  in  Missouri  and  had 
one  child.  He  separated  from  his  wife  and 
died  on  the  Bartlett  farm,  near  Ste.  Gene- 
vieve, in  1836. 

(g)  Rowena,  who  never  married.  She  was  a  por- 
trait painter,  and  painted  the  pictures  of 
several  members  of  the  family.  She  went  to 
Cincinnati  to  live,  and  died  there. 

(h)  Mary,  who  married  Edward  Mitchell  and 
died  in  Springfield,  Illinois. 

^^"July  31st  [1816]  furnishes  the  same  tedious 
advertisements,  tells  the  same  negro  stories,  but 
flashes  a  new  light  by  stating  that  Benjamin  Munn  has 
150  barrels  of  Kanhawa  salt  for  sale,  while  Thomas 
Cox  advertises  at  Kaskaskia,  a  tavern  on  the  bank  of 
the  river,  where  he  intends  keeping  the  best  viands 
the  country  affords,  not  forgetting  to  state  that  he  is 
'well  supplied  with  the  best  of  liquors.'  "  The  above 
is  quoted  from  Burnham's  An  Early  Illinois  News- 
paper in  Publication  No.  8  of  the  Illinois  State  His- 


208  THOMAS  COX 

torical  Library,  p.  185.  The  article  consists  of  extracts 
from,  and  comments  upon  the  files  of  the  Western 
Intelligencer,  the  successor  of  the  Illinois  Herald 
published  at  Kaskaskia. 

^*  Thomas  and  Roba  [Bartlett]  Cox  had  seven  chil- 
dren. The  mother  died  at  Los  Angeles,  California,  at 
the  age  of  ninety  years.  Mr.  S.  B.  Cox  of  Los  Angeles, 
supplies  the  following  list  of  the  children  of  Thomas 
Cox: 

(a)  Daniel,  born  at  Jonesboro,  Illinois,  Septem- 
ber, 1816 ;  married  Gates,  in  Jefferson 

County,  Missouri,  in  1838 ;  died  in  1841,  leav- 
ing one  child  that  died  in  infancy. 

(b)  Florida,  born  at  Kaskaskia,  Illinois,  January 
7,  1819;  married  John  Gregg  Nichols  on 
March  15,  1838,  at  White  Oak  Springs,  Wis- 
consin; and  died  May  31,  1877,  at  Los  An- 
geles, California,  leaving  the  following  six 
children : 

i.  Daniel  Bartlett  born  at  Bellevue,  Iowa, 
in  1843  ;  married  Ada  McDaniels.  Three 
daughters. 

ii.  Roba,  born  at  Andrew,  Iowa,  in  1844; 
married  to  John  Carlin.    No  children, 

iii.  John  Gregg,  born  at  Los  Angeles,  Cali- 
fornia, 1851;  married  Cornelia  Stan- 
ford. One  son,  two  daughters.  John 
Gregg  Nichols  was  the  first  child  of 
American  parents  born  in  Los  Angeles. 

iv.  Florida,  born  at  Los  Angeles,  Califor- 


NOTES  AND  REFERENCES  209 

nia,  1855;  and  married  John  S.  Carr, 
One  sou  and  two  daughters. 
V.  Thomas  Edwin,  born  at  Los  Angeles, 
California,  January  6,  1858;  married 
Ella  Galloway  at  Tucson,  Arizona, 
March  2,  1883.  Two  sons,  three  daugh- 
ters, 
vi.  Elmer  Ellsworth,  born  at  Los  Angeles, 
California,  June  2,  1860;  and  married 
Nellie  Thayer;  died  at  Los  Angeles, 
California,  February,  1901,  leaving  one 
daughter,  Corinne. 

Note  —  Florida     Cox     Nichols     had 
three  other  children,   who  died  before 
her,  Cordelia  and  Augustus,  both  born 
before    Daniel    Bartlett,    and    both    of 
whom  died  in  early  childhood;  and  also 
Lewis  Cass,  born  at  Andrew,  Iowa,  1848, 
and  died   at   Los    Angeles,    California, 
]May  1,  1872,  unmarried. 
(c)  Mary  Alexandria,  born  September  26,  1820, 
at    Jonesboro,    Illinois;    married    Jonathan 
Rensselaer  Scott,  June  12,  1851,  at  Los  An- 
geles,   California;    and    died    September    4, 
1891,  at  Los  Angeles,  California,  leaving  the 
following  five  children: 

i.  Frances,  born  at  Los  Angeles,  Califor- 
nia; and  died  February  2,  1899,  at  Los 
Angeles,  California.     Unmarried. 
ii.  Jonathan  Rensselaer,  born  at  Los  An- 
geles,   California;    and    married    Lucy 

14 


210  THOMAS  COX 

Darby    Connell.      One    son    and    two 
daughters, 
iii.  Harrietts,  born  at  Los  Angeles,  Califor- 
nia; and  married  Bowles  E.  Taney.  One 
son,  two  daughters, 
iv.  Emily,  born  at  Los  Angeles,  California ; 
and  married  Du  Ray  Smith.    Two  sons. 
V.  Rowena,  born  at  Los  Angeles,  Califor- 
nia; and  married  William  Ewen.     One 
son,  four  daughters. 
(d)   Cordelia,  born  December  7,  1822,  at  Spring- 
field, Illinois;  married  Joseph  Stillman  Mal- 
lard at  Richland,  Iowa,  May  1,  1845;  died 
at  Los  Angeles,   California,  May   14,   1899, 
leaving  the  following  children : 

i.  Mary,  born  at  Andrew,  Iowa;  married 
Isaac  R.  Dunkelberger.  Three  sons,  two 
daughters. 

ii.  Augusta,  born  at  Andrew,  Iowa ;  mar- 
ried Ben  C.  Truman.    One  daughter. 

iii.  Josephine,  born  at  Lugo's  Ranch,  San 
Bernardino  County,  California,  Janu- 
ary 6,  1850.     Unmarried. 

iv.  Belle,  born  at  San  Gabriel,  California; 
married  James  Fulton.    One  son. 

V.  Henry,  born  at  Los  Angeles,  California, 
November  12,  1856;  died  near  Indio, 
Riverside  County,  California,  on  July 
18,  1895.     Unmarried. 

vi.  Walter,  born  at  Los  Angeles,  Califor- 


NOTES  AND  REFERENCES  211 

nia;  married  Alice  Whipple.     No  chil- 
dren. 

vii.  Clarence  Stillman,  born  at  Los  Angeles. 
California.     Unmarried. 

Note  —  Cordelia  Cox  Mallard  had  two 
other  children,  who  died  before  her, 
Thomas  and  Tucie,  both  of  whom  died 
in  infancy. 

(e)  Thomas,  born  November  9,  1824,  at  Spring- 
field, Illinois;  died  May  1,  1897,  near  Los 
Angeles,  California.     L^nmarried. 

(f)  Simon  Bolivar,  born  at  Springfield,  Illinois, 
September  16,  1832 ;  married  Arlena  Emery, 
1878;  and  had  five  children,  Mildred,  Roba, 
Emma,  Arthur,  and  Horace.  The  last  two 
died  in  infancy.  S.  B.  Cox  died  at  Holly- 
wood, California,  March  24,  1906. 

(g)  Phoebe,  born  on  the  Bartlett  farm,  on  the 
Isle  Bois  River,  Missouri,  on  January  8,  1835. 
Unmarried. 

^^  James's  The  Territorial  Records  of  Illinois  {Pub- 
lications of  the  Illinois  State  Historical  Library,  No. 
Ill),  p.  57.  The  name  is  there  spelled  ''Coxe"  but 
there  can  be  little  doubt  of  the  identity. 

*®  Washburne  's  The  Edwards  Papers  ( Chicago  His- 
torical Society's  Collection,  Vol.  Ill),  p.  149. 

^'^  The  letter  is  printed  in  "Washburne 's  The  Ed- 
ivards  Papers  {Chicago  Historical  Society's  Collection, 
Vol.  Ill),  pp.  153-155. 

^®  Washburne  makes  the  following  comment  upon 


1>12  THOMAS  COX 

the  matter  contained  in  the  postscript :  ' '  This  must 
have  been  a  gross  misrepresentation,  for  Governor 
Edwards  was  always  most  liberal  in  his  support  of  all 
donations  of  public  lands." 

^'*  Washburne 's  The  Edwards  Papers  {Chicago  His- 
torical Society's  Collection,  Vol.  Ill),  p.  153. 

CHAPTER  IV 

*"  Donaldson 's  The  Public  Domain  in  House  Mis- 
cellaneous Documents,  2nd  Session,  47th  Congress, 
1882-1883,  Vol.  XVI,  pp.  201-205. 

*^  United  States  Statutes  at  Large,  Vol.  Ill,  p.  566. 

*'-  Washburne  's  The  Edwards  Papers  ( Chicago  His- 
torical Society's  Collection,  Vol.  Ill),  p.  205. 

''^  Letter  from  Mr.  W.  A.  Richards,  Commissioner  of 
the  General  Land  Office,  Washington,  D.  C,  to  the 
writer,  April  22,  1905. 

The  appointment  of  Cox  was  perhaps  decided  upon 
more  than  a  year  before,  if  one  may  depend  upon  the 
date  of  a  letter  written  by  Senator  Edwards  to  Presi- 
dent Monroe  which  is  given  in  The  Edwards  Papers 
(p.  173).  A  controversy  had  arisen  between  the  Sena- 
tor and  the  President  in  regard  to  appointments.  Mr. 
Monroe  seemed  to  feel  that  Governor  Edwards  was 
disposed  to  assume  an  absolute  right  of  selection  of 
officials  in  his  State.  The  feeling  became  so  bitter  as 
to  elicit  the  interference  of  Attorney  General  Wil- 
liam Wirt,  who  was  an  intimate  personal  friend  of 
Ninian  Edwards. 

There  was  also  a  growing  feeling  of  rivalry  and 
jealousy    between    the    two    Illinois    Senators  —  Ed- 


NOTES  AND  REFERENCES  213 

wards  and  Thomas.  Indeed,  during  the  ]\Ionroe  ad- 
ministration (that  era  of  good  feeling  when  political 
parties  almost  ceased  to  exist)  the  only  line  that 
seemed  to  divide  voters  in  Illinois  was  that  between 
adherents  of  the  two  Senators.  The  letter  in  question, 
which  bears  date  of  December  22,  1820,  was  written 
by  Edwards  primarily  to  protest  against  an  appoint- 
ment to  a  land  office  of  one  Philip  Foulke,  who  had 
been  recommended  by  Senator  Thomas.  The  Sena- 
tor discusses  the  matter  of  appointments,  defends 
himself  from  imputations  of  unworthy  motives,  and 
warmly  presents  the  claims  of  a  friend  of  his  own. 

In  the  letter  occurs  the  following  sentence:  ''As 
to  Gen.  Smith's  nomination,  .  .  .  his  is  the  only 
nomination  to  a  land  office  appointment  out  of  the 
last  seven  that  have  been  made  in  Illinois  which  the 
Representative  of  the  State  and  myself  together  are 
to  have  the  credit  of  having  been  able  to  procure,  for 
the  most  extraordinary  efforts  are  making  to  show 
that  the  appointment  of  Col.  Cox  was  procured 
through  the  influence  of  my  colleague  although  you 
know  to  the  contrary." 

This  language  is  not  easy  to  understand  when  wc 
reflect  that  the  appointment  of  Colonel  Cox  at  Spring- 
field was  not  made  until  January,  1823.  A  possible 
explanation  is  that  it  was  not  practicable  to  establish 
the  land  district  sooner. 

**  Power's  A  History  of  the  Early  Settlers  hi  Sanga- 
tnon  County,  Illinois,  p.  289. 

*^  In  1827  Elijah  lies  became  Major  in  a  regiment 
of  militia  in  the  Winnebago  Indian  "War  of  that  year. 
In  1832  he  was  commissioned  Captain  of  a  company 


214  THOMAS  COX 

raised  for  temporary  service  of  twenty  days  in  the 
Black  Hawk  War.  Abraham  Lincoln  enlisted  in  this 
company  as  a  private  after  having  been  mustered  out 
as  Captain.  From  1826  to  1830  Major  lies  was  State 
Senator  and  was  one  of  the  "Long  Nine"  delegation 
(of  which  Lincoln  was  also  a  member)  which  secured 
the  choice  of  Springfield  as  State  Capital. 

■*"  Power's  A  History  of  the  Early  Settlers  m 
Sangamon  County,  Illinois,  pp.  44,  289,  397-399.  See 
also  "Washburne's  The  Edwards  Papers  {Chicago  His- 
torical Society's  Collection,  Vol.  Ill),  p.  211. 

•'^Power's  A  History  of  the  Early  Settlers  in 
Sangamon  County,  Illinois,  p.  398. 

■**  Power's  A  History  of  the  Early  Settlers  in 
Sangamon  County,  Illinois,  p.  356. 

*^  Letter  from  Commissioner  of  the  General  Land 
Office,  Washington,  D.  C,  to  the  writer,  April  22, 
1905. 

His  successor.  Dr.  John  Todd  was  a  Kentuckian 
who  had  seen  service  in  the  War  of  1812,  and  at  the 
time  of  his  appointment  was  living  at  Edwardsville, 
Illinois.    He  was  an  uncle  of  Mrs.  Abraham  Lincoln. 

°"  Washburne 's  The  Edwards  Papers  (Chicago  His- 
torical Society's  Collection,  Vol.  Ill),  pp.  336,  337. 

CHAPTER  V 

^^  Edward  Mitchell  married  Mary  Bartlett,  a  sister 
of  Mrs.  Thomas  Cox,  who  died  in  1830.  He  was 
Postmaster  at  Springfield  under  John  Quincy  Adams, 
and   Recorder   of   Sangamon    County    from    1827   to 


NOTES  AND  REFERENCES  215 

1835.     He  died  in  1836.— Power's  A  History  of  the 
Early  Settlers  in  Sangamon  County,  Illinois,  p.  54. 

^-  Collections  of  the  State  Historical  Society  of  Wis- 
consin, Vol.  II,  p.  329. 

^3  Stevens's  The  Black  Hawk  War,  pp.  81-91. 

=*  Stevens's  The  Black  Hawk  War,  pp.  96-98.  This 
treaty  was  negotiated  at  Fort  Armstrong  on  June  30, 
1831,  and  signed  by  Edmund  P.  Gaines,  John  Rey- 
nolds, and  twenty-eight  chiefs,  braves,  and  warriors 
of  the  Sacs  and  Foxes,  among  them  Black  Hawk. 

^^  A  letter  from  ]\Ir.  S.  B.  Cox  states  that  his  mother 
had  informed  him  that  Thomas  Cox  was  proffered  the 
position  of  Colonel  by  the  Governor  in  the  Black 
Hawk  War. 

®®  Compare  letter  by  Hooper  Warren  to  Governor 
Ninian  Edwards,  April  1,  1828,  in  Washburne's  The 
Edwards  Papers  (Chicago  Historical  Society's  Col- 
lection, Vol.  Ill),  p.  336. 

^^  The  fact  that  Colonel  Collins  was  given  his  com- 
mission at  the  solicitation  of  Thomas  Cox  was  related 
to  Mr.  S.  B.  Cox  by  his  mother,  the  wife  of  Colonel 
Thomas  Cox. 

CHAPTER  VI 

^*  A  very  detailed  account  of  the  Black  Hawk  War 
is  given  in  Stevens 's  The  Black  Hawk  War  —  a  vol- 
ume containing  material  of  great  value.  Much  of  the 
information  contained  in  the  present  chapter  was  ob- 
tained from  this  source. 

^»  Stevens's  The  Black  Hawk  War,  p.  217. 


216  THOMAS  COX 

""  The  rosters  of  Illinois  soldiers  in  the  Black  Hawk 
War  show  that  all  of  Lindsey's  company  were  pres- 
ent at  the  battle  of  Wisconsin  Heights,  except  one 
discharged,  three  detailed,  and  one  fiirloughed;  that 
on  July  20,  1832,  four  were  furloughed  at  "Casle- 
man";  and  that  Thomas  Cox  was  not  one  of  those  who 
thus  left  the  company. 

CHAPTER  Vll 
"^Kappler's  Indian  Affairs,  Vol.  II,  p,  349. 

**-  The  information  concerning  the  work  of  Colonel 
Cox  as  United  States  Deputy  Surveyor  was  obtained 
from  a  letter  by  J.  H.  Fingie,  Acting  Commissioner 
of  the  General  Land  Office  at  Washington,  D.  C,  to 
the  writer,  June  14,  1904. 

"^  General  John  G.  McDonald  was  born  in  Scot- 
land, December  19,  1798.  Of  his  early  life  we  only 
know  that  he  lived  in  Indiana  before  he  came  to  Illi- 
nois. He  served  in  the  Black  Hawk  War  as  a  Lieu- 
tenant in  Major  Henry  Dodge's  battalion  of  United 
States  Rangers,  organized  about  the  close  of  that 
struggle  but  employed  in  garrison  and  scouting  duty 
under  General  Scott.  Colonel  Cox  became  acquainted 
with  him  and  learned  of  his  ability  as  a  surveyor  in 
Illinois,  and  so  secured  his  services  for  the  work  in 
the  Black  Hawk  Purchase. 

^'*  They  were  Solomon,  Gabriel,  and  Allen  W.  Pence, 
David  Scott,  Joshua  Beers,  Joseph  Skinner,  Pingry, 
and  Perkins.  The  Penees  came  first  in  May  from 
Henderson  County,  Illinois,  planted  some  sod  corn, 
then  returned  to  Illinois  for  their  families.    They  met 


NOTES  AND  REFERENCES  217 

the  other  five  families  in  Illinois  and  directed  them  to 
a  location. 

*'^  William  Morden  was  a  Canadian  who  had  lived 
for  several  years  near  Cleveland,  Ohio.  He  became 
immediately  prominent  in  pioneer  politics ;  was  chosen 
as  one  of  the  first  Board  of  Commissioners  when  Jack- 
son County  was  organized  in  the  spring  of  1838 ;  and 
was  a  member  of  the  Constitutional  Convention  of 
1844. 

CHAPTEE  VIII 

®*  The  name  of  this  early  county  under  Michigan 
Territory  was  spelled  in  one  word  without  the  letter 
s.  In  December,  1836,  the  county  was  reduced  in  size 
and  the  spelling  of  the  name  changed  to  Des  Moines. 

®^  W.  A.  Warren  was  appointed  by  Governor  Henry 
Dodge  as  the  first  Sheriff  of  Jackson  County  and  con- 
tinued in  that  office  under  the  Iowa  Territorial  organ, 
ization  until  1845.  He  was  a  member  of  the  Iowa 
Constitutional  Convention  of  1844.  During  the  Civil 
War  he  served  as  Captain  and  Assistant  Quarter- 
master by  appointment  from  President  Lincoln. 

John  H.  Rose  was  the  first  Clerk  of  the  Courts  of 
Jackson  County  and  held  a  commission  as  Colonel 
in  the  Iowa  Militia. 

John  D.  Bell  in  1834  was,  in  a  sense,  the  proprietor 
of  the  town  site  which  took  its  name  Bellview  from 
him.  The  name  was  afterwards  changed  to  its  French 
spelling  Bellevue,  which  better  expresses  the  charm 
of  its  delightful  situation. 

"*  For  a  discussion  of  loAva  counties  see  Garver's 


218  THOMAS  COX 

History  of  the  Establishment  of  Counties  iyi  Iowa  in 
The  Iowa  Journal  of  History  and  Politics,  Vol.  VI, 
No.  3,  July,  1908,  p.  375;  Garver's  Boundary  History 
of  the  Counties  of  Iowa  in  The  Iowa  Journal  of  His- 
tory and  Politics,  Vol.  VII,  No.  1,  January,  1909,  p. 
3 ;  and  Garver  's  A  Critical  Study  of  the  Definition 
and  Alteration  of  County  Boundaries  in  Iowa  in  The 
Iowa  Journal  of  History  and  Politics,  Vol.  VII,  No. 
3,  July,  1909,  p.  402. 

^'^  James  K.  Moss,  to  whom  Governor  Lucas's  letter 
was  addressed,  was  the  first  merchant  who  brought  a 
stock  of  goods  to  Bellevue  (in  1836).  He  became  a 
member  of  the  Territorial  House  of  Representatives 
in  1841,  being  elected  at  a  special  election  after  Colo- 
nel Cox  who  had  been  chosen  for  the  place  resigned. 
Nic.  Jefferson  also  kept  a  store  in  Bellevue,  having 
arrived  there  a  few  months  later  than  Moss.  Of  the 
residence  and  history  of  B.  Rodefer  nothing  has  been 
learned. 

^°  A  detailed  record  of  the  members  of  the  First 
Territorial  Assembly  is  given  by  Charles  Negus  in  his 
The  Early  History  of  Iowa  in  the  Annals  of  Iowa, 
Vol.  VII,  No.  4,  October,  1869,  pp.  322-324. 

^^  Journal  of  the  House  of  Representatives  of  the 
Territory  of  Iowa,  1838-1839,  pp.  3,  4. 

^-  Journal  of  the  House  of  Representatives  of  the 
Territory  of  Iowa,  1838-1839,  p.  28. 

^^  Journal  of  the  House  of  Representatives  of  the 
Territory  of  loM^a,  1838-1839,  p.  201. 


NOTES  AND  REFERENCES  219 

CHAPTER  IX 

^*  The  controversy  between  Governor  Lucas  and  the 
Legislative  Assembly  is  discussed  in  chapters  XVIII- 
XXII  of  Parish's  Rohert  Lucas.  Many  of  the  docu- 
ments are  to  be  found  in  the  Journals  of  the  Council 
and  House  of  Representatives,  in  Shambaugh's  Mes- 
sages and  Proclamations  of  the  Governors  of  Iowa, 
Vol.  I,  and  in  Shambaugh's  Executive  Journal  of 
Iowa,  1838-1841. 

^^  Journal  of  the  House  of  Representatives  of  the 
Territory  of  Iowa,  1838-1839,  p.  61. 

^^  This  memorial  may  be  found  in  the  Journal  of 
the  House  of  Representatives  of  the  Territory  of 
Iowa,  1838-1839,  p.  257.  Leave  was  asked  by  John 
Frierson  to  present  a  minority  report  upholding  Gov- 
ernor Lucas,  but  the  privilege  was  denied. 

CHAPTER  X 

^^  Journal  of  the  House  of  Representatives  of  the 
Territory  of  Iowa,  1838-1839,  p.  157. 

^®  The  section  as  first  proposed  by  Mr.  Hempstead 
provided  that  the  location  should  be  within  twenty 
townships  named,  which  would  have  included  the 
southern  tier  of  townships  in  Linn  County.  Mr. 
Clark  moved  to  strike  out  the  limits  mentioned  and 
to  insert  "within  the  present  limits  of  Johnson  Coun- 
ty", which  was  carried  by  a  vote  of  ten  to  three, 
Hempstead  himself  voted  for  it,  as  did  also  Mr.  Keith, 
one  of  the  Mount  Pleasant  adherents. 

"  Theodore  S.  Parvin  has  made  a  singular  error  in 


220  THOMAS  COX 

writing  about  the  part  borne  by  Colonel  Cox  in  this 
capital  locating  contest.  Mr.  Parvin  as  a  young  man 
acted  as  private  secretary  to  Governor  Lucas,  and  was 
therefore  present  in  Burlington  during  the  session  of 
that  first  Territorial  Assembly  and  familiar  with  its 
proceedings.  The  imbroglio  of  the  Governor  with 
Secretary  Conway  involved  also  a  hostility  on  the 
part  of  the  Secretary  towards  young  Parvin,  which 
was  manifested  in  some  reports  made  to  the  legisla- 
ture which  afford  some  of  the  raciest  reading  that 
ever  appeared  in  public  documents.  Colonel  Cox  was 
a  bitter  partisan  in  the  controversy  as  a  friend  of 
Conway's  and  was  not,  therefore,  at  all  friendly  to 
Parvin.  That  this  fact  had  any  influence  upon  Par- 
vin's  memory  of  the  facts  is  not  probable,  but  it  per- 
haps did  prevent  his  having  had  at  the  time  personal 
knowledge  of  Colonel  Cox's  ideas  and  efforts. 

The  first  public  utterance  by  Parvin  on  the  subject 
was  in  an  address  before  the  Iowa  Pioneer  Law- 
makers' Association  in  1892,  when  he  said:  "His 
[Colonel  Cox's]  vote  was  the  turning  point  in  the 
location  of  the  Capitol  at  Iowa  City,  and  the  Terri- 
tory and  State  became  indebted  to  him  by  whose  vote 
the  location  was  determined."  Again,  in  an  address 
before  the  same  body  in  1900  Parvin  told  a  graphic 
story  of  the  efforts  made  by  the  adherents  and  the 
opponents  of  Mount  Pleasant  to  gain  votes.  In  this 
he  made  the  assertion  that  the  result  hung  upon  the 
vote  of  one  man  (without  naming  him),  and  that  his 
vote  was  won  and  retained  by  sinister  means  in  which 
the  celebration  of  Jackson  Day  (January  8th)  bore 
a  part.     A  letter  written  by  Parvin  to  Rev.  William 


NOTES  AND  REFERENCES  221 

Salter  in  November,  1900,  which  the  writer  has  been 
permitted  to  copy,  tells  the  same  story  with  Colonel 
Cox  as  its  subject,  and  by  this  letter  it  appears  that 
Mr.  S.  C.  Hastings,  then  a  member  from  Muscatine, 
was  authority  for  the  incidents  upon  which  it  was 
based. 

Now  the  evidence  of  the  House  Journal,  which  has 
been  fully  presented  in  the  text,  shows  that  the  con- 
test was  all  over  and  the  last  votes  taken  on  the  .'3d 
of  January.  Jackson  Day  had  no  part  or  lot  in  it. 
The  Journal  shows,  too,  that  so  far  from  the  vote  of 
Colonel  Cox  being  an  uncertain  factor  to  be  competed 
for,  he  was  from  the  first  a  leader  of  the  forces  ar- 
rayed against  Mount  Pleasant,  active,  vigilant,  and 
resourceful.  The  wavering  votes  clearly  show  in  the 
record,  and  it  would  be  difficult  to  center  the  final 
result  upon  any  one  man. 

In  this  connection  we  would  cite  the  assertion  of 
Hawkins  Taylor,  who  in  a  letter  to  the  Pioneer  LaAv- 
makers'  Association  in  1894  says  that  during  that  first 
Territorial  Assembly  he  did  not  see  a  single  member 
intoxicated.  The  Journal  record  demonstrates  that  it 
was  a  busy  session;  every  member  was  on  his  mettle, 
intensely  interested  in  his  new  duties  and  unwilling  to 
allow  extraneous  pleasures  to  divert  him  therefrom. 

It  is  due  Parvin,  however,  to  say  that  internal  evi- 
dence in  the  Journal  of  the  session  of  1839-1840,  of 
which  Assembly  also  Colonel  Cox  and  Mr.  Hastings 
were  both  members,  would  indicate  that  a  convivial 
observance  of  Jackson  Day  in  1840  is  inherently 
probable.  So  we  are  compelled  to  believe  that  Hast- 
ings's story,  filtered  down  through  sixty  years  of  the 


222  THOMAS  COX 

memory  of  Parvin,  related  to  the  second  year  of  his 
joint  service  with  Colonel  Cox  instead  of  the  first,  and 
that  the  Territory  and  State  did  become  indebted  to 
Colonel  Cox  for  the  location  of  the  capital  at  Iowa 
City,  but  in  the  wider  sense  of  his  having  created  the 
idea  rather  than  his  having  cast  a  reluctant  ballot 
which  determined  such  location. 

«°  Lmvs  of  the  Territory  of  Iowa,  1838-1839,  p.  437. 

CHAPTER  XI 

*^  A  courier  had  ridden  thirty-five  miles  and  re- 
turned in  twelve  hours  to  secure  the  attendance  of 
John  Ronalds  of  Louisa  County,  who  with  Chauncey 
Swan  of  Dubuque  constituted  the  necessary  quorum. 
See  Shambaugh's  Iowa  City:  A  Contribution  to  the 
Early  History  of  Iowa,  pp.  21,  22. 

*^  Shambaugh 's  Iowa  City:  A  Contribution  to  the 
Early  History  of  Iowa,  pp.  26,  27. 

^^  This  report  of  Chauncey  Swan  is  printed  in  the 
Journal  of  the  House  of  Representatives  of  the  Terri- 
tory of  Iowa,  1839-1840,  pp.  121-125. 

CHAPTER  XIT 

^*  A  vote  taken  on  the  last  day  of  the  session,  Janu- 
ary 17,  1840,  on  a  resolution  approving  of  the  message 
of  President  Van  Buren  on  the  currency  question, 
would  indicate  the  political  affiliations  of  the  House 
to  have  been  as  follows :  Democrats  —  Bailey,  Biggs, 
Brewer,  Coop,  Cox,  English,  Fleenor,  Langworthy, 
Leffler,  Mintun,  Myers,  Patterson,  Robertson,  Sum- 
mers, and  Johnston  (15)  ;  Whigs  —  Churchman,  Hall, 


NOTES  AND  REFERENCES  223 

Hawkins,  Owen,  Rich,  Ross,  Walworth,  and  Wheeler 
(8).  Clark,  Hastings,  and  Lash  did  not  vote,  but 
we  have  information  from  other  sources  that  they 
were  Democrats. 

CHAPTER  XIII 

*°  The  history  of  the  Missouri-Iowa  boundary  dis- 
pute has  been  very  fully  and  fairly  given  in  Chapter 
XXII  of  Parish's  Robert  Lucas  in  the  Iowa  Biographi- 
cal Series,  in  which  the  part  taken  by  Governor  Robert 
Lucas  is  especially  set  forth.  Dr.  Louis  Pelzer  in 
Chapter  VI  of  his  Augustus  Caesar  Dodge,  published 
in  the  same  series,  has  made  a  comprehensive  resume 
of  the  dispute,  in  which  the  controversies  which  it 
evoked  in  Congress  and  the  part  borne  therein  by 
Delegate  A.  C.  Dodge  have  adequate  treatment.  In 
both  of  these  presentations  the  sources  from  which  our 
knowledge  of  the  several  phases  of  the  controversy  are 
derived  have  been  thoroughly  sifted  and  citations  duly 
set  forth. 

The  writer  has  prepared  for  publication  in  a  volume 
on  the  Early  Military  History  of  Iowa  in  the  Roster 
and  Record  of  Iowa  Soldiers  (which  series  is  being 
published  by  the  State  of  Iowa)  an  account  of  the 
part  taken  in  the  affair  by  the  Iowa  Territorial  Mili- 
tia, with  which  are  embodied  some  documents  from  the 
oflSce  of  the  Adjutant  General  of  Iowa  not  previously 
available. 

Colonel  Cox  comes  in  touch  with  this  lively  episode 
in  Iowa  history  only  through  his  share  in  the  part 
taken  in  it  by  the  Territorial  Assembly.  His  county 
(Jackson)   shared  in  the  military  ardor  aroused  by 


224  TH0MA8  COX 

the  call  upon  the  militia,  and  two  or  three  companies 
assembled  there  and  drilled  until  the  truce  was  pro- 
mulgated. 

*'' Parish's  Robert  Lucas,  p.  237. 

•'*"  Shambaugh 's  Messages  and  Proclamations  of  the 
Governors  of  Iowa,  Vol.  I,  pp.  124-130,  217-241. 

^^Pelzer's  Augustus  Caesar  Dodge,  pp.  81,  82. 

^^  Journal  of  the  House  of  Representatives  of  the 
Territory  of  Iowa,  1839-1840,  p.  98. 

®°  Journal  of  the  House  of  Representatives  of  the 
Territory  of  Iowa,  1839-1840,  pp.  102,  103. 

CHAPTER  XTV 

^^  Mr.  Charles  Blacksten  of  Jackson  County,  Iowa, 
remembers  that  in  the  early  fifties  vigilance  commit- 
tees were  organized  in  all  of  the  northern  Indiana 
counties,  with  the  tacit  consent  of  the  State  authori- 
ties, and  continued  in  existence  several  years,  during 
which  time  they  succeeded  by  most  strenuous  means 
in  ridding  their  country  and  southern  Michigan  of 
those  detestable  gangs  of  thieves. 

^^  History  of  Jackson  County,  Iowa  (1879),  p.  324. 

^^  History  of  Jackson  County,  Iowa  (1879),  p.  364. 

The  statements  in  this  work  in  regard  to  the  Belle- 
vue  'War  are  all  based  upon  an  account  written  by 
Captain  W.  A.  Warren  who  was  Sheriff  at  the  time. 
Warren  had  first  written  his  account  in  1865  for  pub- 
lication by  Henry  Howe  in  the  Loyal  West. —  See  An- 
nals of  Iowa,  Vol.  VII,  No.  2,  April,  1869,  p.  188. 


NOTES  AND  REFERENCES  225 

®*  The  purchaser  was  Thomas  Graham  who  in  1845 
was  nominated  for  Representative  in  the  Territorial 
legislature.  He  died  before  the  election  day,  and  his 
son  of  the  same  name  was  elected  in  his  place. 

»» Letter  from  Judge  T.  S.  Wilson  to  Captain  W.  A. 
Warren,  September  30,  1879. 

CHAPTER  XV 

^^  From  his  home  in  Iowa  County,  Wisconsin  Ter- 
ritory, Colonel  Collins  had  been  elected  in  1838  to 
serve  in  the  third  session  of  the  legislature  of  Wis- 
consin Territory,  a  vacancy  having  been  occasioned 
by  the  resignation  of  George  F.  Smith.  This  session 
was  held  at  Burlington  where  he  met  and  became  ac- 
quainted with  some  of  the  men  with  whom  he  was 
now  to  act  in  a  tragic  drama.  During  the  same  year 
he  was  elected  to  the  Territorial  Council  of  Wiscon- 
sin, and  was  a  member  of  that  body  at  the  time  the 
events  at  Bellevue  occurred.  He  served  in  all  six 
sessions  in  the  Council  and  became  its  President  in 
1839. —  See  Journal  of  the  House  of  Representatives 
of  the  Territory  of  Wisconsin,  Extra  Session,  June, 
1838,  p.  3 ;  Journals  of  the  Council  of  the  Territory  of 
'Wisconsin,  1838-1842;  Strong's  History  of  the  Ter- 
ritory of  Wisconsin,  pp.  267,  269,  280,  302. 

^^  The  members  of  the  Sheriff's  posse  who  had  seen 
service  in  the  Black  Hawk  War  were,  so  far  as  can 
be  recognized  from  the  lists  in  Adjutant  General 
Elliott's  Illinois  Soldiers  in  the  Black  Hawk  and 
Mexican  Wars,  the  following: 

15 


226  THOMAS  COX 

Thomas  Cox,  private  in  Captain  A.  F.  Lindsey's 
Company  of  Major  Ewing's  Spy  Battalion. 

James  Collins,  Colonel  of  Fourth  Regiment,  Third 
Brigade,  Macoupin,  Pike,  Sangamon,  and  Alexander 
Counties. 

Hastings  Sandridge  and  Joshua  Seamands,  pri- 
vates in  Captain  Bennet  Nowlen's  Company,  Ma- 
coupin County,  Fourth  Regiment,  Third  Brigade. 
The  Third  Brigade  was  commanded  by  Brigadier 
General  James  D.  Henry. 

John  D.  Bell,  Sergeant  in  Captain  M.  M.  Maugh's 
Company,  Twenty-seventh  Regiment,  Illinois  Mili- 
tia, Jo  Daviess  County. 

James  Beaty  and  John  Stukey,  privates  in  same 
company. 

Enoch  Neville,  private  in  Captain  Nicholas  Dow- 
ling's  Company  of  Artillery,  Twenty-seventh  Regi- 
ment, Illinois  Militia,  Jo  Daviess  County. 

Thomas  Graham  and  James  McCabe,  privates  in 
Captain  Jonathan  Craig's  Company,  Twenty -seventh 
Regiment,  Illinois  Militia,  Jo  Daviess  County. 

William  Dyas,  private  in  Captain  Benj.  J.  Alden- 
rath's  Company,  Twenty-seventh  Regiment,  Illinois 
Militia,  Jo  Daviess  County. 

J.  S.  Kirkpatriek,  private  in  Captain  James  Craig's 
Company  Mounted  Volunteers  of  Jo  Daviess  County 
attached  to  command  of  Colonel  Henry  Dodge. 

James  L.  Kirkpatriek,  First  Lieutenant  in  Captain 
Enoch  Duncan's  Company  of  Mounted  Riflemen  at- 
tached to  command  of  Colonel  Henry  Dodge,  Jo  Da- 
viess County. 


NOTES  AND  REFERENCES  227 

John  Foley,  Sergeant,  and  William  Jonas,  Vincent 
Smith,  Thomas  Sublott,  and  AVilliam  Vance,  privates 
in  Captain  Duncan's  Company. 

William  A.  Warren  enlisted  in  a  local  organization 
in  Galena,  commanded  by  Captain  John  Jameson 
when  there  was  an  Indian  alarm  in  1831 ;  but  the  com- 
pany was  not  mustered  into  United  States  service  and 
therefore  its  roll  does  not  appear  in  General  Elliott's 
Record. 

Other  Black  Hawk  War  soldiers  in  Jackson  County 
at  the  time  who  for  various  reasons  did  not  appear  in 
the  posse  were  so  far  as  ascertained: 

Rev.  Nathan  Said,  Sergeant,  and  his  brother  Jesse 
Said,  Corporal  of  Captain  Reuben  Brown's  Com- 
pany from  Sangamon  County,  in  Colonel  Collins 's 
regiment,  who  lived  near  the  west  line  of  the  County. 

Charles  Bilto,  of  Captain  Jonathan  Craig's  Galena 
Company  lived  in  Bellevue  but  took  no  part  on  either 
side. 

William  L.  Potts,  who  lived  on  Deep  Creek,  but 
just  over  the  line  in  Clinton  County,  had  the  inter- 
esting experience  (which  he  probably  regarded  of  no 
importance  at  that  time)  of  serving  in  the  same  com- 
panies with  Abraham  Lincoln,  in  Captain  Elijah 
Iles's  Company,  and  in  Captain  Jacob  M.  Early's 
Company.  He  was  also  enrolled  in  Captain  L.  W. 
Goodan's  Company,  and  transferred  from  it  to  Cap- 
tain John  Dawson's  Company  of  a  mounted  spy  bat- 
talion. 

**  Captain  Warren  states  {History  of  Jackson 
County,  Iowa   (1879),  p.  396)   that  Mr.  Farley  had 


228  THOMAS  COX 

promised  his  attendance;  but  the  account  given  by 
Joseph  Henry,  an  eye  witness  of  the  battle  (Annals 
of  Jackson  County,  Iowa,  No.  2,  1906,  p.  80)  and  a 
statement  in  the  biography  of  Farley's  son  (Bio- 
graphical Alhuni  of  Jackson  County,  Iowa,  p.  616) 
lead  one  to  believe  that  he  had  no  knowledge  of  the 
gathering  until  he  met  Warren.  None  of  the  other 
Deep  Creek  settlers  were  there,  but  from  what  is 
known  of  their  character  it  is  probable  that  they 
would  not  have  allowed  Mr.  Farley  to  go  alone  if 
they  had  been  notified. 

°^  The  writer  has  followed  the  version  of  Constable 
Joseph  Henry,  published  in  J.  W.  Ellis's  interview 
in  the  Annals  of  Jackson  County,  Iowa,  No.  2,  1906, 
p.  79.  All  agree  that  V.  K.  Smith  was  one  of  those 
who  shot  Brown,  but  Warren  says  that  "the  ball 
from  Sheriff  James  Watkins  gun  killed  Brown ' ' ; 
while  N.  B.  Butter  worth  had  heard  that  Peter  Mul- 
len was  Smith's  companion. 

100  rpj^^g  story  of  McDonald's  heroic  action  was  told 
by  N.  B.  Butterworth  of  Andrew.  Mr.  Butterworth 
was  a  boy  of  only  ten  years  at  the  time,  but  his  father 
kept  a  public  house  near  Andrew  where  the  events 
of  the  Bellevue  War  were  discussed  by  guests  in  the 
boy's  hearing  for  years  afterwards.  Thus  there  is  no 
one  now  living  who  is  so  well  informed  on  all  phases 
of  that  remarkable  event  as  Mr.  Butterworth,  and  most 
of  the  incidents  herein  related  have  been  verified  by 
his  phenomenal  memory. 

^•^^  Letter  from  his  son,  R.  H.  McDonald  of  Halsted, 
Kansas,  to  the  writer. 


NOTES  AND  REFERENCES  229 

^0=  From  History  of  Jackson  County,  Iowa  (1879), 
p.  399,  quoting  from  William  A.  Warren's  history  of 
the  Bellevue  War  as  published  in  the  Bellcvue  Leader 
in  1875. 

^"^  Jesse  Burke  was  a  runaway  negro  slave  who  had 
come  to  the  Territory  as  early  as  1837. 

CHAPTEE  XVI 

^•^^  From  History  of  Jackson  County,  Iowa  (1879). 
p.  401,  quoting  from  William  A.  Warren's  history  of 
the  Bellevue  War  as  published  in  the  Bellevue  Leader 
in  1875. 

^^^  History  of  Jackson  County,  Iowa  (1879),  p.  617. 
Judge  Wilson  was  mistaken  in  supposing  that  the 
court  record  would  show  the  report  of  the  Grand 
Jury.  The  record  shows  that  two  bills  were  returned, 
but  is  silent  in  regard  to  any  case  which  may  have 
been  investigated  but  in  which  no  bill  of  indictment 
was  found. 

Captain  Warren,  in  a  letter  published  in  the  His- 
tory of  Jackson  County,  Iowa  (1879),  p.  617,  states 
that  Anson  Harrington,  who  was  one  of  the  parties 
chiefly  implicated,  addressed  the  court  and  for  himself 
and  associates  consented  to  and  demanded  that  a  spe- 
cial Sheriff  be  appointed,  a  new  Grand  Jury  impanel- 
ed and  their  conduct  fully  investigated.  Warren  also 
states  that  Rev.  J.  S.  Kirkpatrick  was  appointed  spe- 
cial Sheriff,  and  that  he  impaneled  a  new  Grand 
Jury.  This  is  contradicted  by  the  court  record  which 
shows  that  Francis  Gehon  was  appointed  "acting 
Coroner."  It  was  necessary  to  have  a  Coroner  to 
serve  papei-s  on  the  Sheriff  if  it  became  necessary. 


230  THOMAS  COX 

The  Acting  Coroner  summoned  a  venire  of  twenty- 
two  persons  as  a  Grand  Jury  and  it  would  appear 
from  the  court  proceedings  recorded  on  page  149  of 
the  Jackson  County  District  Court  Record  Book  No. 
1  that  the  entire  list  acted  in  the  consideration  of 
cases  brought  before  them.  Only  one  of  the  number 
(H.  G.  Magoun)  has  ever  been  credited  with  having 
been  a  member  of  that  Sheriff's  posse  at  Bellevue. 

The  following  is  the  venire  with  their  residence 
within  present  township  boundary  lines  so  far  as 
iknown:  Peter  Sahramling  (Union),  Anson  New- 
berry (Iowa),  H.  K.  Magoun  (Tete  des  Morts),  N. 
Butterworth  (Perry),  Levi  Decker  (Maquoketa), 
Fielden  Breeden,  Thomas  Owen,  Jones  Edwards,  Rich- 
ard Breeden,  R.  0.  Breeden,  Thomas  Furnish  (Farm- 
ers' Creek),  Shadrach  Burleson,  Thomas  Coffee,  J.  S. 
Mallard  (South  Fork),  Nathan  Said,  Caleb  Said 
(Brandon),  William  Jones  (Perry),  G.  Carr,  Abner 
AVilson,  U.  P.  Boon,  Henry  Field.  A.  P.  Field  (resi- 
dence unknown  to  the  author). 

CHAPTER  XVII 

^"^A  sketch  of  the  life  of  "Old  Shade"  Burleson, 
as  he  was  generally  known,  has  recently  been  written 
by  John  0.  Seeley,  under  the  pen  name  of  "Farmer 
Buckhorn",  and  published  by  the  Jackson  County 
Historical  Society  in  the  Annals  of  Jackson  County, 
Iowa,  No.  2.  1906.  This  marshals  the  facts  and  argu- 
ments in  defense  of  Brown  so  far  as  known.  In  the 
same  pamphlet  is  reported  an  interview  by  J.  W. 
Ellis   with    Joseph    Henry   who   vvas   a    constable   in 


NOTES  AND  REP^ERENCES  231 

Bellevue  and  an  eye-witness  of  the  battle.     Henry 
also  defends  Brown. 

^"^  These  letters  are  to  be  found  in  a  collection  of 
the  Letters  and  Papers  of  Robert  Lucas,  in  the  pos- 
session of  The  State  Historical  Society  of  Iowa,  Iowa 
City,  Iowa. 

108  j^  regularly  organized  Vigilance  Committee  ex- 
isted in  Jackson  County  in  1857,  which  conducted  the 
lynching  of  two  murderers ;  but  so  far  as  can  be  ascer- 
tained no  one  engaged  in  the  Bellevue  War  had  any 
connection  with  it. 

109  Two  of  the  Sheriff's  posse,  Colonel  Cox  and 
Colonel  Collins,  were  members  of  the  law-making 
bodies  of  Iowa  and  of  Wisconsin.  Collins  became 
President  of  the  Territorial  Council  of  Wisconsin, 
was  the  Whig  candidate  for  Delegate  to  Congress  from 
that  Territory  in  1845,  when  Morgan  L.  Martin  of 
Green  Bay  was  elected,  and  in  later  years  he  was  a 
member  of  the  State  legislature  of  California  and 
Brigadier  General  of  Militia  in  that  State.  He  also 
served  as  Colonel  of  the  Sixth  Illinois  Infantry  in 
the  Mexican  War,  and  in  common  with  other  colonels 
in  that  war  was  presented  with  a  sword  by  the  legis- 
lature of  the  State  upon  his  return. 

John  Foley,  a  participant,  had  been  a  member  of 
the  first  legislature  of  Wisconsin  Territory  which  met 
at  Belmont  and  Burlington.  In  1843  he  was  elected 
to  the  House  of  Representatives  of  the  Territory  of 
Iowa.  He  was  also  Sheriff  of  Jackson  County  from 
1853  to  1855,  and  again  in  1859  to  1861. 

Sheriff  William  A.  Warren  held  the  office  of  Sheriff 


232  THOMAS  COX 

continuously  from  1838  to  1845.  In  1857  he  was 
elected  a  member  of  the  Iowa  Constitutional  Conven- 
tion which  met  in  that  year,  and  rendered  useful  and 
conspicuous  service.  In  1860  he  was  a  delegate  to  the 
Republican  National  Convention  which  nominated 
Abraham  Lincoln  for  President  of  the  United  States. 
In  1862  he  was  commissioned  by  President  Lincoln  as 
Captain  and  Assistant  Quartermaster  of  United  States 
Volunteers  and  served  in  that  responsible  position  for 
three  years,  during  which  time  he  handled  millions  of 
dollars  worth  of  government  property.  He  served  as 
Justice  of  the  Peace  in  Bellevue  almost  continuously 
for  over  twenty-five  years. 

General  John  G.  McDonald  was  Lieutenant  in  a  bat- 
talion of  United  States  Mounted  Rangers  under  com- 
mand of  Major  Henry  Dodge  in  1832,  and  later  be- 
came a  Brigadier  General  in  the  Iowa  Territorial  ]\Iili- 
tia.  He  was  County  Surveyor  of  Jackson  County  from 
1839  to  1843,  served  for  a  short  time  by  appointment 
as  Clerk  of  the  Courts  (1841-1842)  and  became  County 
Recorder  from  1842  to  1845.  In  1849  as  Deputy 
United  States  Surveyor  he  had  charge  of  the  survey 
of  nine  townships  in  Allamakee  County.  The  quality 
of  General  McDonald's  heroism  in  the  Bellevue  battle 
will  be  better  appreciated  when  we  know  that  his 
lioneymoon  was  scarcely  over,  his  marriage  to  Mar- 
garet A.  Hildreth  at  Burlington  having  taken  place 
on  January  16,  1840. 

James  K.  Moss  was  appointed  Postmaster  of  Belle- 
vue, November  1,  1839.  He  was  also  appointed,  dur- 
ing the  same  year,  Probate  Judge  for  Jackson  County 
bv  Governor  Lucas.    In  the  fall  of  1840,  having  been 


NOTES  AND  REFERENCES  233 

succeeded  as  Judge  by  Anson  Harrington,  he  Avas  ap- 
pointed Clerk  of  the  District  Court.  In  1841  he  was 
elected  a  member  of  the  Territorial  House  of  Repre- 
sentatives. 

Rev.  J.  S.  Kirkpatrick  did  not  handle  a  gun  that 
day,  but  he  was  an  adviser  and  sympathizer.  He  was 
elected  to  the  Territorial  Council  in  1840  from  the  dis- 
trict which  included  Dubuque  County ;  and  in  1844  he 
became  a  member  of  the  first  Constitutional  Conven- 
tion. Colonel  Samuel  W.  Durham,  who  was  a  fellow 
member  of  that  Convention  in  a  recent  address  before 
the  Linn  County  Historical  Society,  said  of  him : 
"Rev.  Scott  Kirkpatrick,  of  Jackson  County,  an  lUi- 
noian,  was  the  largest  and  tallest  and  jolliest  member 
and  a  good  speaker."  Kirkpatrick  was  a  man  of 
magnificent  physique,  six  feet  four  inches  in  height, 
and  of  prodigious  strength,  it  being  said  of  him  that 
he  could  lift  a  barrel  of  lead  mineral.  He  had  served 
in  the  Black  Hawk  "War.  as  did  also  his  brother,  Lieu- 
tenant James  L.  Kirkpatrick,  an  active  participant, 
who  had  been  County  Coroner.  In  1846  he  became 
one  of  the  Board  of  County  Commissioners. 

John  T.  Sublett,  a  very  active  participant,  was 
County  Recorder  at  the  time ;  and  John  Howe,  another 
participant,  was  County  Treasurer.  George  "Watkins 
became  one  of  the  board  of  County  Commissioners  at 
the  election  in  1840 ;  and  his  son.  James  Watkins,  also 
a  participant,  was  Sheriff  of  Jackson  County  from 
1847  to  1853,  from  1855  to  1857,  and  from  1861  to 
1865. 

Another  participant,  Captain  L.  ]\I.  Hilyard,  was 
Captain  of  a  company  in  the  First  Regiment.  Third 


234  THOMAS  COX 

Division,  Iowa  Territorial  Militia.  He  carried  a 
tomahawk  in  his  belt  during  the  battle  and  had  its 
handle  broken  by  a  bullet.  His  militia  company  be- 
came the  most  thoroughly  organized  one  in  the  county, 
and  took  the  name  of  "Brush  Creek  Rangers". 

William  Morden  was  not  present  on  the  1st  of  April 
so  far  as  we  know,  but  he  had  advised  and  helped  plan 
the  movement.  He  was  one  of  the  County  Commis- 
sioners at  the  time,  and  later  was  a  colleague  of 
Scott  Kirkpatrick's  in  the  first  Constitutional  Conven- 
tion. He  was  also  in  1856  elected  a  member  of  the 
Sixth  General  Assembly  of  Iowa. 

CHAPTER  XVIII 

^^°  The  Journal  of  this  extra  session  was  discovered 
in  the  office  of  the  Secretary  of  State  by  Theodore  S. 
Parvin,  and  was  published  for  the  first  time  in  1902  by 
the  Historical  Department  of  Iowa. 

^^^  Journal  of  the  House  of  Representatives  of  the 
Territory  of  Iowa,  1840-1841,  p.  4. 

CHAPTER  XIX 

^^^  Laws  of  the  Territory  of  Iowa,  Extra  Session, 
July,  1840,  p.  22. 

^^^  Knoll's  Governor  Stephen  Hempstead  in  Proceed- 
ings of  the  Pioneer  Lawmakers'  Association  of  Iowa, 
1898,  p.  139.  Mr.  Knoll's  sketch,  however,  is  largely 
from  memory  and  is  inaccurate  in  several  particulars. 

^^*  These  facts  concerning  the  election  are  mostly 
taken    from    a   letter   bv   Colonel    P.    W.    Crawford. 


NOTES  AND  REFP]RENCES  235 

printed  in  the  Annals  of  Jackson  County,  Iowa,  No, 
1,  1905,  p.  64. 

"^  Dr.  John  C.  Parish  of  The  State  Historical  So- 
ciety of  Iowa  kindly  supplies  the  following  memoran- 
dum; 

The  following  is  in  reply  to  your  questions  regarding  the 
Deadlock  of  1842  to  184.3.  The  two  opposing  papers  of  Iowa 
City,  the  Standard  (Whig)  and  the  Capitol  Beporter  (Demo- 
crat), agree  as  to  party  affiliations  of  the  members  of  the  Fifth 
and  Sixth  Legislative  Assemblies,  with  the  exception  of  Joseph 
B.  Teas.  Mr.  Teas  is  claimed  as  a  Democrat  by  the  Capitol 
Reporter  in  the  issue  giving  the  results  of  the  election,  and 
just  as  stoutly  claimed  as  a  Whig  in  the  Iowa  Standard  in  the 
next  issue.  Teas,  however,  was  nominated  for  President  of  the 
Council  for  the  Fifth  Legislative  Assembly  by  Shepherd  Lef- 
fler.  Democrat,  and  was,  as  the  records  of  the  Council  show, 
the  principal  opponent,  for  that  office,  of  Springer  and  Elbert, 
both  Whigs.  The  following  is  the  party  affiliation  of  the 
Council  as  agreed  to  by  both  party  papers  of  the  time: 

Cook  Whig 

R.  G.  Patterson  Whig 

Elbert  Whig 

Wallace  Whig 

Springer  Whig 

Christie  Whig 

Harris  Democrat 

Leflfier  Democrat 

Wm.  Patterson  Democrat 

Jenkins  Democrat 

Cox  Democrat 

Gehon  Democrat 

Teas  Claimed  by  both  parties 

Neither  of  the  Iowa  City  papers  discuss  the  deadlock  at  all 

Teas  also  voted  with  the  Democrats  on  one  of  the 
last  days  of  the  session  on  a  joint  resolution  relative  to 
the  fine  imposed  upon  General  Jackson. 


236  THOMAS  COX 

CHAPTEE  XX 

^'^  Journal  of  the  Council  of  the  Territory  of  Iowa, 
1843-1844,  pp.  65,  66. 

^^^  Shambaugh 's  Messages  and  Proclamations  of  the, 
Governors  of  Iowa,  Vol.  I,  pp.  269-277. 

^^^  Journal  of  the  Council  of  the  Territory  of  Iowa, 
1843-1844,  pp.  46,  47. 

^^®  The  information  in  regard  to  this  session  was  sup- 
plied by  Professor  Benj.  F.  Shambaugh  of  the  The 
State  University  of  Iowa. 

CHAPTER  XXI 

^-°  Theodore  S.  Parvin  states  that  when  the  first 
Governor  of  the  State  of  Iowa  was  chosen  in  1846 
Jackson  County  was  conceded  by  the  Democratic  nomi- 
nating convention  the  privilege  of  naming  the  candi- 
date. The  choice  was  Ansel  Briggs,  a  neighbor  of 
Colonel  Cox,  who  had  served  in  the  House  of  Repre- 
sentatives of  the  Fifth  Legislative  Assembly  when 
Cox  was  in  the  Council.  It  is  probable  that  Cox 
would  have  been  the  candidate  thus  chosen  if  he  had 
been  living. —  See  Parvin 's  Hon.  John  James  Dyer  in 
the  Iowa  Historical  Record,  Vol.  XIII,  No.  1,  January, 
1897,  p.  3. 

^-^  "Don't  shoot  into  that  tree,  my  boy.  I  am  going 
to  be  buried  under  it."  These  words,  according  to 
Charles  W.  Farr  of  Maquoketa,  were  uttered  by  Colo- 
nel Cox  less  than  a  year  before  his  death  and  applied 
to  a  young  hickory,  smooth  and  straight  and  symmet- 
rical, which  grew  upon  the  summit  of  a  bare  dome- 


NOTES  AND  REFERENCES  237 

like  hill  on  his  own  farm.  Charles  Farr  was  a  son  of 
Daniel  T.  Farr  who  owned  the  Cox  claim  for  a  short 
time. 

^^-  The  family  of  Colonel  Cox  remained  for  a  time 
after  his  death  upon  the  claim  at  Richland.  The  eldest 
son-in-law,  John  G.  Nichols,  was  elected  Sheriff  of 
Jackson  County  in  1846.  The  second  son-in-law,  Jos- 
eph S.  Mallard,  was  an  attorney  at  Andrew,  which  had 
become  the  county  seat.  In  the  fall  of  1847  the  older 
son,  Thomas,  enlisted  in  Captain  James  M.  Morgan's 
company  of  Iowa  Mounted  Volunteers  to  serve  during 
the  Mexican  War.  The  company  was  assigned  to  duty 
at  Fort  Atkinson,  in  the  Neutral  Ground  of  Iowa,  to 
take  the  place  of  Captain  Senett's  company  of  the 
First  United  States  Dragoons  which  was  sent  to  Mex- 
ico. Thomas  Cox,  Jr.,  was  appointed  a  Corporal  in 
the  company;  and  in  the  removal  of  the  Winnebago 
Indians  to  the  Crow  Wing  Reservation  in  Northern 
Minnesota,  which  Captain  Morgan's  company  accom- 
plished in  the  summer  of  1848,  Corporal  Cox  had  the 
honor  of  rendering  very  important  service. 

During  that  year  the  discovery  of  gold  in  California 
became  kno^vn;  and  by  the  spring  of  1849  the  "gold 
fever ' '  was  raging  in  Jackson  County  in  its  most  viru- 
lent form.  Among  the  earliest  of  the  migrants  from 
that  county  was  the  family  of  Colonel  Cox.  It  con- 
sisted of  his  widow,  Mrs.  Roba  Cox;  her  married 
daughter,  Mrs.  Florida  Nichols  and  her  husband,  John 
G,  Nichols,  late  Sheriff  of  Jackson  County,  and  three 
children;  her  married  daughter,  Mrs.  Cordelia  Mal- 
lard and  husband,  J.  S.  Mallard,  and  two  children; 
her  sons.  Thomas  and  Simon  B. ;  and  her  unmarried 


238  THOMAS  COX 

daughters,  Mary  and  Phoebe.  In  the  same  party  were 
the  Colonel's  brother,  John  W.  Cox  and  family,  and 
other  old  time  neighbors.  They  left  the  village  of 
Andrew  on  the  first  day  of  May,  1849,  for  the  long 
journey  over  the  vast  wilderness  inhabited  only  by 
savages  and  wild  beasts.  Their  mode  of  conveyance 
was  by  ox  teams  and  covered  wagons.  They  crossed 
the  Missouri  River  at  Trader's  Point  about  six  miles 
south  of  Council  Bluffs  and  proceeded  up  the  Platte 
Valley  on  the  trail  first  used  by  the  ^Mormons  in  their 
famous  emigration  of  three  years  previous.  This 
took  them  up  the  North  Platte  and  Sweetwater  rivers, 
over  the  South  Pass  of  the  Rocky  Mountains  and  into 
Salt  Lake  City. 

Here  they  stopped  about  three  weeks  to  rest  and 
recruit  their  stock  and  then,  alarmed  by  reports  of 
the  fate  of  the  Donner  party  of  the  previous  year, 
they  resolved,  as  advised  by  the  Mormons,  to  take  a 
southern  route  and  strike  the  old  Spanish  pack  trail 
leading  to  Southern  California.  This  led  them  past 
the  Mountain  Meadows  scene  of  the  fiendish  massacre 
of  an  emigrant  train  eight  years  later  and  over  the 
Mojave  Desert. 

They  reached  the  Cajon  Pass  just  before  New  Year's 
Day,  1850,  camped  there  for  some  weeks,  and  finally 
arrived  at  Los  Angeles  about  the  first  of  May,  having 
been  one  year  in  making  a  journey  which  can  now  be 
accomplished  in  three  days.  There  the  family  re- 
mained and  assisted  in  making  the  obscure  Mexican 
hamlet  into  the  modern  American  city. 

^^^  George  L.  Mitchell,  Iowa  legislator  of  1889,  pre- 
sided, and  representatives  were  present  from  the  Pio- 


NOTES  AND  REFERENCES  239 

neer  Lawmakers'  Association,  including  Samuel  W. 
Durham,  member  of  the  Constitutional  Convention  of 
1844,  Charles  Aldrich  of  the  Historical  Department  of 
Iowa,  and  John  Wilson,  an  early  Jackson  County  leg- 
islator. The  flag  was  removed  from  the  monolith  by 
Mrs.  Josie  Warren  Dorchester  of  Bellevue,  daughter 
of  Captain  W.  A.  Warren,  compatriot  of  Colonel  Cox 
in  the  Bellevue  War.  A  large  collection  of  letters 
received  from  the  Governor  and  other  State  officers 
from  pioneer  lawmakers,  and  from  officers  of  The 
State  Historical  Society  unite  in  commendation  of  the 
efforts  put  forth  to  preserve  to  future  generations  the 
memory  of  one  who  aided  in  the  building  of  the  State. 


INDEX 


16 


INDEX 


Abercrombie,  J.  J.,  in  Black  Hawk 
War,    44 

Acoqua,    204 

Adams,    John    Quincy,    214 

Aldenrath,    Benj.   J.,    226 

Aldrich,    Charles,    239 

Alexander,  M.  K.,  52,  53 ;  refusal 
of,  to  disregard  orders,  54 ;  brig- 
ade of,   57;   references  to,   58,   59 

Allen,  General,  retreat  of  Kentuck- 
ians  under,  16;  reference  to,  117 

America,  migration  of  Robert  Cox 
to,    1 

Anamosa    (Iowa),    169 

Anderson,  Robert,  in  Black  Hawk 
"War,   44 

Andrew    (Iowa),    192,   238 

Apple   River,    Indian   raid   at,    47 

Arkansas,  surveys  of  Cox  in,  25 ; 
reference  to,  35 

Armstrong,  Fort,  9 ;  conference  at, 
42;   reference  to,  44,   203,   215 

Armstrong,  James,  migration  of,  to 
Iowa,    66 

Arnold,   Phoebe,   descent  of,   26 

Atkinson,  Fort,  237 

Atkinson,  Henry,  succeeds  General 
Gaines,  43 ;  at  Rock  Island,  45 ; 
army  under,  51,  52,  58;  orders 
of,  disregarded,  54 ;  notified  of 
General  Henry's  movements,  55; 
reference  to,  59,  60 

Bad  Axe,  battle  of,   68,    142 

Bad  Axe  River,  Indians  overtaken 
at,    58 

Bailey,  Gideon  S.,  on  Veto  Commit- 
tee, 86;  reference  to,  94,  95,  107; 
resolutions  offered  by,  119;  vote 
of,   222 

Banditti  of  the  Prairies,  The,  book 
by   Edward  Bonney,    156 

Bankson,  Andrew,  service  of,  in 
War  of  1812,  11;  service  of,  in 
Winnebago  War,  40 ;  reference 
to,  74,  77,  78,  94,  202;  resolu- 
tion of,  concerning  Robert  Lucas, 
87 

Bartlett,  Daniel,  migration  of,  26; 
reference  to,   206 

Bartlett,    Deborah,    207 

Bartlett,   Lemuel,    62,   207 


Bartlett,    Mary,    207,    214 

Bartlett,    Mrs.   Daniel,    death  of,   26 

Bartlett,  Roba,  marriage  of,  to 
Thomas  Cox,  27;  reference  to, 
207 

Bartlett,   Rowena,   207 

Bartlett,    Susan,    207 

Bartlett,    William,    62,    206 

Bates,  David  G.,  part  of,  in  Belle- 
vue   War,    147 

Baxter,  John,  implicated  in  murder 
of   Davenport,    132 

Beardstown  (Illinois),  rendezvous 
at,    42,    45 

Beatty,   James,   226 

Beeler,    George    H.,    94,    95,    98 

Beers,    Joshua,    216 

Belfast  (Ireland),  migration  of 
Robert  Cox  from,    1 

Bell,   John  D.,    72,   217,   226 

Belleville   (Illinois),  204 

Bellevue  (Iowa),  settlement  at,  66; 
reference  to,  68,  71,  72 ;  men- 
tion of,  for  capital,  91;  Brown 
a  hotel  keeper  at,  106 ;  immi- 
grants to,  123  ;  reference  to,  124, 
125,  126,  127;  ball  at,  129; 
reference  to,  133,  135,  136; 
Bellevue  War  at,  136-167;  ref- 
erence to,  137,  138,  139,  144, 
153,  157,  158,  159,  160,  175, 
179,  190,  206,  217,  230;  first 
merchant   at,    218 

Bellevue  War,  account  of,  136-167; 
reference   to,    165,    176,    239 

Bellview    (See   Bellevue) 

Belmont  (Wisconsin),  legislature  at, 
71;  newspaper  at,  110;  reference 
to,    231 

Beloit    (Wisconsin),    52 

Benton  County    (Iowa),   72 

Berry,  J.  V.,  letter  from,  158;  let- 
ter to,  162 ;  no  investigation  by, 
164;    reference  to,    166,    167 

Betts,     Isaac,     199 

Big  Maquoketa   River,    81 

Big   Muddy    River,    6 

Biggs,   Uriah,   222 

Bilto,   Charles,   227 

Black  Hawk,  Indians  under,  7; 
regulars  attacked  by,  21;  attack 
upon  boats  by,  40;  troubles  with, 


244 


INDEX 


41;  crosses  Mississippi  River,  44; 
movements  of,  46;  retreat  of,  51; 
at  Rock  River,  54;  pursuit  of, 
55;  camp  of,  56,  59;  intercep- 
tion of,  58;  reference  to,  215 

Black  Havyk  (Iowa),  mention  of, 
for   capital,    91 

Black  Hawk  Purchase,   63,   71,   204 

Black  Hawk  War,  service  of  John 
Reynolds  in,  13;  outbreak  of,  40 ; 
account  of,  60;  veterans  of,  138, 
225,   226;    reference  to,   214,   216 

Black  Hawk  War,  The,  quotatiou 
from,    56,    57 

"Black  laws"   in  Illinois,   32 

Blacksten,    Charles,   224 

Blair,  Thomas,   94 

Bloomington  (Muscatine,  Iowa),  at- 
titude of,  toward  choice  of  capi- 
tal,   90,    93 

Blue  Earth  River,   186 

Blue  Mounds  (Wisconsin),  base  of 
army  at,   57;  reference  to,   128 

Boggs,  Lilburn,  in  Missouri-Iowa 
boundary  dispute,  114;  requested 
to  authorize  suspension  of  hos- 
tilities,  118,   119;   action  of,   121 

Bond,  Shadrach,  election  of,  as 
Governor    of    Illinois,    28 

Bonney,  Edward,  detective  work  of, 
156,    157 

Boon,   U.   P.,   230 

Boone,  Daniel,  fort  of,  2;  son  of, 
205 

Boone,  Nathan,  service  of,  in  War 
of    1812,    18;    sketch   of,    205 

Bowling  Green  (Kentucky),  arrest 
of   Fox   at,    157 

Brady,  Hugh,  march  of  regiment 
under,   52 

Brazil,   steamboat,    162 

Breeden,    Fielden,    230 

Breeden,    R.    O.,    230 

Breeden,    Richard,    230 

Brewer,    Daniel,    222 

Bridgeport  (Iowa),  69 

Brierly,   James,    94 

Briggs,  Ansel,  choice  of,  for  Gov- 
ernor,  236 

Brigham,  Ebenezer,  migration  of,  to 
Wisconsin,  41;  search  of,  for 
stolen   horses,    128 

Brink,  John,   143 

British,  relation  of  Indians  to,  11 

British  Band,  Indians  known  as, 
7 ;   troubles  with,   41 

Brown,  Mrs.  William  W.,  124,  160, 
164 

Brown,   "Negro",  escape  of,  144 

Brown,    Reuben,    227 

Brown,  W.  H.,  migration  of,  to 
Iowa,   67 


Brown,  William  W.,  nomination  of, 
for  legislature,  106 ;  suspicions 
concerning,  107;  migration  of,  to 
Bellevue,  123;  character  of,  124, 
126;  petition  concerning,  124, 
125 ;  suspicions  concerning  board- 
ers of,  125,  127;  attitude  of  Cox 
toward,  128 ;  crimes  charged 
against,  129,  134;  persuades  his 
men  to  disperse,  131;  reference 
to,  133,  136,  137,  139,  140,  141; 
called  upon  to  surrender,  142 ; 
death  of,  142,  144,  228;  opinion 
concerning,  145,  154,  155,  156, 
230,  231;  reference  to,  154,  156, 
157,    158,    159,    160,    161,    166 

Browne,    Jesse   B.,    97 

Buchanan    County    (Iowa),    72 

Buckhorn  Tavern,  kept  by  Shadrach 
Burleson,    156 

Buckskin  Tom,  wounded  in  Belle- 
vue War,    145 

Buffalo    (Iowa),   67 

Buffalo    Fork,    169 

Bunker   Hill,   battle   of,    26 

Burke,  Jesse,  food  prepared  by, 
147;    reference   to,    229 

Burleson,  Shadrach,  Brown  favored 
by,  156;  sketch  of  life  of,  230 

Burlington  (Iowa),  Convention  at, 
72 ;  letter  written  from,  75 ;  leg- 
islature at,  77,  107;  printers  at, 
79 ;  named  as  capital,  89 ;  atti- 
tude of,  toward  choice  of  capital, 
90,  91,  93,  94,  95;  removal  of 
Clarke  to,  110;  reference  to,  116, 
117,    120,    124,    169,    171,    231 

Burlington  Gazette,  110 

Burtis,    Samuel,   death  of,   144,   145 

Butterworth,  N.  B.,  knowledge  of, 
of  Bellevue  War,  228;  reference 
to,   230 

Cactus  River,   186 

Cahokia  (Illinois),  county  seat  of 
St.  Clair  County,  Illinois  Terri- 
tory, 4 ;  location  of,  5 ;  militia 
inspected  at,   10;  reference  to,  28 

Ca.ion    Pass,    238 

Calhoun,   John   C,  popularity  of,  37 

Calhoun,  old  name  for  Springfield, 
Illinois,    37,    38 

California,  gold  fever,  41,  65 ;  vigi- 
lance committees  in,   166 

Calumet  River,   186 

Camanche  (Iowa),  mention  of,  for 
Territorial  capital,  91 

Camp  Russell,  13 ;  volunteers  dis- 
charged   at,    15,    20 

Campbell,    Lieutenant,    21 

Campbell's  Island,  conflict  at,   21 


INDEX 


245 


Canada,  communication  of  Indians 
with,    7;    reference  to,    168 

Canadian  Patriot  War,   133 

Canadian  refugees,  68 

Capital  of  Iowa,  location  of,  82,  89- 
100,    219,    220,    221 

Capitol,    Old    Stone,    102 

Carleton,    James    P.,    190 

Carlin,    John,    208 

Carlin,  Thomas,  service  of,  in  War 
of  1812,  14;  service  of,  in  Black 
Hawk   War,    43 

Carlyle  (Illinois),  competition  of, 
for    capital,    31 

Carr,    G.,    230 

Carr,    John    S.,    209 

CarroUport,  early  name  for  Sabula, 
Iowa,   67 

Carter,    Elijah,    207 

Carter,    Thomas,    207 

"Casleman",   216 

Cedar  County  (Iowa),  72,  93,  94; 
depredations    in,    126 

Cedar  Fork  of  Iowa  River,   81 

Census  of  Iowa,  act  to  provide  for, 
189 

Charleston,  early  name  for  Sabula, 
Iowa,    67,    138 

Chicago,  scouting  near,  20;  com- 
pany formed  at,   45 

Chichester,    Mr.,    speech   of,    150 

Christie,    Robert,    184,    235 

Christy,  William,  service  of,  in  War 
of  1812,    18 

Churchman,  James,  108,  109;  re- 
port signed  by.  111;  in  Missouri 
boundary  dispute,  115;  reference 
to,   121,   222 

Cincinnati,  laid  out  as  city,  26; 
reference   to,    36 

Civil    War,    reference   to,    32,    119 

Clark,  Fort,  reference  to,  9 ;  con- 
struction of,   20 

Clark,  George  Rogers,  the  story  of, 
1,    5 

Clark,  James  A.,  in  Missouri  bound- 
ary  dispute,    115 

Clark,  James  M.,  90,  96;  part  of, 
in  choice  of  capital,  96,  97; 
election  of,  as  President  of  Coun- 
cil, 170 ;  connection  of,  with 
choice   of   capital,    219 

Clark,    T.    T.,    223 

Clark,  William,  expedition  of,  to 
Prairie  du  Chien,  20;  notified  of 
Indian   hostilities,    42 

Clark  County    (Missouri),   117,    118 

Clarke,  James,  appointment  of,  as 
Governor,    110 

Clarke  and  McKenny,  firm  of,  78 

Claypoole,  John,  votes  for,  as  capi- 
tal   commissioner,    100 


Clayton  County  (Iowa),  72,  73,  94, 
177,    187 

Clinton  County  (Iowa),  72,  94, 
108,    187 

Coffee,    Thomas,    230 

Coldwater  (Michigan),  migration  to 
Iowa   from,    123 

Coles,  Edward,  leader  of  free  State 
forces,    33 

Collins,  Dennis,  beaten  by  outlaws, 
132,    133 

Collins,  James,  marriage  of,  48 ; 
commissioned  as  colonel,  49;  regi- 
ment of,  51,  56;  part  of,  in  bat- 
tle of  Wisconsin  Heights,  57; 
reference  to,  59,  199,  226.  227; 
part  of,  in  battle  of  Bad  Axe, 
60 ;  removal  of,  to  lead  regions, 
61;  mining  operations  of,  65; 
part  of,  in  Bellevue  War,  137, 
143,  147;  military  service  of, 
165;    sketch   of,    225,    231 

Commissioners  to  locate  Territorial 
capital,   election  of,    100 

Congress,  military  act  passed  by,  8 ; 
enabling  act  for  Illinois  passed 
by,  27;  admission  of  Illinois  bv, 
27,  28;  petitions  to,  30;  treaty 
ratified  by,  63;  memorials  to,  81, 
82,  185 ;  infringement  upon  au- 
thority of,  86;  enabling  act  pass- 
ed by,  113;  action  of,  in  Mis- 
souri boundary  dispute,  118;  ac- 
tion of,  concerning  boundaries  of 
Iowa,    186,    187 

Connecticut,    36 

Connell,    Lucy   Darby,    210 

Constitution    of   United    States,    2 

Constitution  of  1844  (Iowa),  rejec- 
tion of,    187 

Constitutional  Convention  of  1818 
(Illinois),  27 

Constitutional  Convention  of  1844 
(Iowa),    108,    186,   187,    191,   234 

Contents,    table   of,    xv 

Conway,  William  B.,  relations  of, 
with  Governor  Lucas,  83 ;  reso- 
lution of  thanks  to,  88;  death  of, 
109;    quarrel   of,    220 

Cook,  Daniel  P.,  attitude  of,  to- 
ward slavery  in  Illinois,  33 ;  land 
acquired   at    Springfield  by,    37 

Cook,  Henry,  company  of,  10; 
military  service  of,  13 ;  reference 
to.    202 

Cook,  John  P.,  Springer  nominated 
by,  182 ;  vote  for,  for  Presidency 
of  Council,  184;  reference  to,  235 

Cooke,  P.  St.  George,  in  Black 
Hawk   War,    44 

Coop,  William  G.,  78.  94,  107,  222 


246 


INDEX 


Corwin,  Bartholomew,  swindled  by 
Brown's    men,    133 

Council    Bluffs    (Iowa),    238 

Cox,    Arthur,    211 

Cox,    Cordelia,    210 

Cox,   Daniel,    27,    208 

Cox,    Eleanor,    199 

Cox,  Emma,   211 

Cox,    Florida,    208 

Cox,   Horace,   211 

Cox,  Jane,   199 

Cox,  John  W.,  migration  of,  to 
Iowa,  68;  reference  to,  138,  199, 
238 

Cox,    Mary,    238 

Cox,   Mary  Alexandria,   209 

Cox,  Mildred,   211 

Cox,   Mrs.   Jane  Robinson,    138 

Cox.  Mrs.  Thomas,  home  of,  62 ; 
reference   to,    206,    238 

Cox,    Phoebe,    211,    238 

Cox,    Rachel,    199 

Cox,  Roba,   211 

Cox,  Robert,  migration  of,  1 ;  mar- 
riage and  home  of,  in  Kentucky, 
1,  2 ;  military  service  of,  2 ; 
slaves  owned  by,  3 ;  appointment 
of,  as  Justice  of  Peace.  5 ;  peti- 
tion signed  by,  6 ;  death  of,  24 ; 
reference  to,    199,   200 

Cox,    Sarah,    199 

Cox,  Simon  Bolivar,  199,  206,  211, 
215,    238 

Cox,  Thomas,  characterized  as  a 
t.vpical  local  leader,  vii ;  portrait 
of,  frontispiece,  206;  ancestry  of, 
1,  2,  3,  5 ;  birth  and  early  life 
of,  2;  marriage  of,  3,  27;  ap- 
pointment of,  in  Sheriff's  office, 
5,  6 ;  petition  signed  by,  6 ;  mili- 
tary service  of,  in  War  of  1812, 
10,  18,  22;  enlistment  of,  in 
Judy's  company,  13 ;  military  of- 
fices of,  16,  17;  title  of,  17;  sur- 
veying work  of,  24,  65,  168,  169; 
death  of  father  of,  24 ;  trips  of, 
to  Ste.  Genevieve,  26;  appoint- 
ment of,  as  Justice  of  Peace,  27; 
election  of,  to  Illinois  legislature, 
28;  favors  Edwards  for  Senate, 
29;  letter  of,  to  Edwards,  29, 
30;  part  of,  in  Illinois  capital 
contest,  31;  part  of,  in  Iowa 
capital  contest,  32,  96;  pro- 
slavery  sentiments  of,  33 ;  specu- 
lation of,  in  land,  35 ;  appoint- 
ment of,  as  Register  of  land  of- 
fice, 35,  36;  purchase  of  land 
by,  38;  hotel  opened  by,  39; 
financial  losses  of,  39;  strained 
relations  between  Edwards  and, 
40;  associates  of,  41;  partner  of, 


46;  offered  a  colonelcy,  47,  48; 
enlistment  of,  in  spy  company, 
50;  part  of,  in  battle  of  Bad 
Axe,  60 ;  removal  of,  to  lead  min- 
ing region,  61;  restored  health 
of,  62 ;  removal  of,  to  Isle  Bois 
River,  62 ;  appointment  of,  as 
Deputy  Surveyor,  64 ;  migration 
of,  to  Jackson  County,  Iowa,  68 ; 
location  of,  in  Jackson  County, 
Iowa,  69 ;  election  of,  as  Iowa 
legislator,  74 ;  eligibility  of,  to 
seat  in  House,  75 ;  seat  of,  in 
legislature,  76 ;  legislative  activi- 
ties of,  77,  78,  79,  80,  81,  82, 
84,  85,  87,  88;  attitude  of  to- 
ward choice  of  Territorial  capital, 
91,  92,  93,  95;  vote  of,  94;  sug- 
gests name  for  Iowa  City,  99 ; 
Swan  nominated  by,  100 ;  sur- 
vey of  Iowa  City  by,  102,  104; 
candidacy  of,  for  Second  Legis- 
lative Assembly,  106,  107;  early 
friendship  of,  for  Brown,  107, 
128;  voted  for,  as  Speaker,  109; 
part  of,  in  Second  Legislative 
Assembly,  110,  111;  votes  of, 
112,  121;  return  of,  from  legis- 
lature, 122 ;  aids  in  organizing 
Citizens'  Association,  126;  citi- 
zens assembled  by,  136-138;  at- 
tack on  Brown's  house  led  by, 
141,  142;  life  of,  saved,  143, 
144 ;  speech  of,  to  mob,  146 ;  in 
meeting  after  Bellevue  War,  147, 
148;  view  of,  as  to  hanging  of 
Brown's  men,  148;  speech  of, 
to  prisoners,  149,  150;  presides 
over  frontier  tribunal,  152;  meas- 
ures employed  by,  156;  part  of, 
in  Bellevue  War,  158,  160;  sug- 
gestion for  expulsion  of,  161; 
no  effort  to  expel,  165;  election 
of,  as  Speaker  pro  tern,  170;  ab- 
sence of,  from  session,  170,  171, 
173,  174;  election  of,  as  Speak- 
er, 172 ;  resignation  of,  from  leg- 
islature, 175,  176;  candidacy  of, 
for  Council.  177,  178;  legisla- 
tive activities  of,  180,  181;  can- 
didacy of.  for  Presidency  of 
Council,  182,  183,  184;  position 
of,  on  committees,  183,  185 ; 
boundary  amendment  proposed 
by,  185 ;  votes  of,  on  Constitu- 
tional Convention  bill,  187; 
close  of  term  of,  as  President  of 
Council,  188;  present  at  extra 
session  of  1844,  190;  interest  of, 
in  Convention  of  1844,  191; 
death  of,  192 ;  family  of,  moves 
west,   192;  reburial  of,   193,  194; 


INDEX 


247 


characterization     of,      194,      195 ; 

son  of,   199;  offices  of,  200,  212; 

father    of,    203;    tavern    of,    207; 

reference  to,   208,   213,    215,   216, 

220,     221,     222,     223,    226,     231, 

235,     236,     239 
Cox,  Thomas,  Jr.,  211,  237 
Cox,      Thomas,      uncle     of     Colonel 

Thomas   Cox,    1 
Craig,    James,    226 
Craig,    Jonathan,    226,     227 
Craig,     Thomas     E.,     expedition    of, 

12 ;    not    yet    arrived    at    Peoria, 

15;  reference  to,  203 
Crawford,   Dr.,   arrival  of,   at  Belle- 

vTie,    146 
Crawford,    Fort,   44 
Crawford,  James,  information  drawn 

up  by,    134;    arrival  of,   at   Belle- 

vue,    149 ;    motion    by,    in    court, 

153,   164 
Crawford,    P.   W.,   letter   from,    234 
Crow   Wing   Reservation,    237 
Cumberland    Hill     (Rhode    Island), 

26 
Cummins,     Sheriff,     arrival    of,     at 

Dubuque,    149 

Dakota,    North,    73 

Dakota,    South,    73 

Davenport,  George,  murder  of,  132, 
156 

Davenport  (Iowa),  12;  road  from, 
69 ;  reference  to,  72 ;  railroad 
through,  81;  reference  to,  81; 
postal  routes  from,  84 ;  post- 
master at,  85 ;  mail  service  from, 
86,    87;    reference    to,    204 

Davis,  Jefferson,  in  Black  Hawk 
"War,    44 

Davis,    Thomas,    shooting  of,    127 

Dawson,    John,    227 

Day,    Aaron,   death  of,    144 

Dearborn,  Fort,  garrison  at,  4 ;  ref- 
erence to,   9 

Decker,   Levi,   230 

Declaration   of    Independence,    103 

Deep   Creek,    68,    227 

Deep  Creek   Settlement,    138,    139 

Delashmutt,    Van    B.,    79,    94 

Delaware  Countv  (Iowa),  72,  73, 
168,    177,    187 

Dement,    John,    spy  battalion   of,    52 

Democratic  nominating  Convention, 
177 

Demoine  County  (Michigan  Terri- 
tory),   71,    89,    90 

Des  Moines  County  (Iowa),  78, 
94,    100,    187 

Des  Moines  River,  rapids  of,  113, 
114;    reference   to,    186 

Detroit,  surrender  of,   11;  reference 


to.   202 

De  Witt    (Iowa).   108 

Dickson,  Robert,  attack  on  Fort 
Shelby   by,    20 

Dixon's  Ferry,  army  concentrated 
at,   52 ;   reference  to,   53 

Dodge,  Augustus  Caesar,  in  Mis- 
souri boundary  dispute,  115,  117; 
reference    to,    223 

Dodge,  Henry,  at  Ste.  Genevieve, 
25 ;  migration  of,  to  lead  coun- 
try, 41;  volunteers  under,  52; 
regiment  of,  53;  reference  to,  54; 
in  pursuit  of  Black  Hawk,  55, 
57;  part  of,  in  battle  of  Wis- 
consin Heights,  57;  return  of, 
to  Blue  Mounds,  58 ;  reference 
to,  59,  60;  regiment  organized 
for,  63 ;  Clarke  a  son-in-law  of, 
110;  Sheriff  appointed  bv,  124, 
125;  reference  to,  205,  216,  226, 
232 

Donner  party,  fate  of,   238 

Dorchester,  Mrs.  Josie  Warren,  239 

Dorman,  Mr.,  claim  of,  in  Iowa,  67 

Dougherty,  Mr.,  ancestor  of  Thomas 
Cox,   1 

Dowling,    Nicholas,    226 

Dubuque  (Iowa),  Spanish  Mines 
at,  9 ;  road  from,  69 ;  reference 
to,  71,  74,  79,  81;  mail  routes 
to,  84;  mail  service  to,  86;  ref- 
erence to,  96,  100,  108,  120,  134, 
138,  146;  letters  from  residents 
of,  157-162;  reference  to,  158, 
164,    167,    169,    177,    186 

Dubuque-Clayton  district,   108 

Dubuque  County  (Iowa),  72;  divi- 
sion of,  72 ;  reference  to,  73,  74, 
94,  121;  subdivision  of,  124; 
reference    to,    177,    187 

Dubuque  County  (Michigan  Terri- 
tory),   71 

Duncan,    Enoch,    226,    227 

Duncan,  Joseph,  service  of,  in 
Black    Hawk    War,    43 

Dunkelberger,   Isaac  R.,   210 

Durham,    Samuel   W.,    233,    239 

Dutchman's    Point,    202 

Dutell,  Peter,  hotel  purchased  from, 
123 

Dyas,  William,  migration  of,  to 
Iowa,  66 ;  on  committee  to  inter- 
view Judge  Wilson,  133 ;  refer- 
ence to,    226 

Early,    Jacob    M.,    company    of,    47, 

53;   reference,  to,   227 
Edgar    County    (Illinois),    67 
Edinburg    (Iowa).    168 
Editor's    introduction,    vii 
Edwards,    James    G.,    79 


248 


INDEX 


Edwards,    Jones,    230 

Edwards,  Ninian,  appointment  of, 
as  Governor  of  Illinois  Territory, 
4;  arrival  of,  in  Illinois  Terri- 
tory, 7 ;  early  acts  of,  8 ;  militia 
assembled  by,  10,  11;  march  of, 
12;  expedition  of,  13,  14;  retreat 
of,  15;  reference  to,  17,  18;  des- 
patches from,  22 ;  Cox  a  favor- 
ite of,  22;  apTiointments  by,  27; 
election  of,  as  United  States  Sena- 
tor, 28,  29;  opposition  to,  29; 
attitude  of,  towards  slaves  in  Il- 
linois, 33 ;  Cox  recommended  by, 
35;  a  creditor  of  Cox,  39; 
strained  relations  between,  and 
Cox,  40;  reference  to,  200,  201, 
204,    205,    212,    215 

Edwards  Papers,  The,  petition  of, 
6;    letters   in,    17,    35 

Edwardsville  (Illinois),  Camp  Rus- 
sell   at,    9;    reference   to,    36 

Elbert,  John  D.,  election  of,  as 
President  of  Council,  179;  votes 
for,  for  Presidency  of  Council, 
184;  motion  by,  188;  reference 
to,    235 

Ellis,    J.   W.,    228,    230 

Emery,    Arlena,    211 

Engle,  Peter  Hill,  elected  Speaker 
of   House,    71 

England,    war   declared   against,    11 

English,   aid  to  Indians  by,   21 

English,    L.    N.,    222 

Enos,  Pascal  P.,  appointment  of,  as 
Receiver  of  land  office,  36 :  a 
founder   of    Springfield,    37,    38 

Ewen,    William,    210 

Ewing,  "William  Lee  D.,  spy  bat- 
talion of,  51;  forces  of,  55;  bat- 
talion of,  56;  part  of,  in  battle 
of  Wisconsin  Heights,  57;  part 
of,  in  battle  of  Bad  Axe.  59,  60; 
election  of,  as  United  States 
Senator,  63 

Executive  Journal  of  loica,  1838- 
1841,  quotation  from,   75 

Executive  Register,  for  Illinois  Ter- 
ritory,   16 

Fairfield  Township  (Jackson  Coun- 
ty,   Iowa),    64 

Fales,    Joseph    T.,    72 

Farley,  Andrew,  part  of,  in  Belle- 
vue  War,  138,  139;  death  of, 
144;    reference  to,    227,   228 

Farmers'    Creek,    67 

Farmers'  Creek  Township  (Jack- 
son   County,    Iowa),    64,    135 

Farr,    Charles    W.,    236,    237 

Farr,    Daniel    T.,    237 

Fayette    County    (Illinois),    51 


Fayette  County  (Iowa),  72,  73, 
187 

Field,    A.    P.,    230 

Field,    Henry,    230 

Pingle,    J.    H.,    letter   from,    216 

Fleenor,    Isaac,    222 

Foley,  John,  71;  Speaker  of  House, 
190;  reference  to,  227;  sketch 
of,   231 

Forsythe,  Thomas,  taken  captive  at 
Peoria,    12 ;    reference    to,    203 

Fort  Armstrong,  9 ;  conference  with 
Black  Hawk  at,  42 ;  reference 
to,    44,    203,    204,    215 

Fort    Atkinson,     237 

Fort  Clark,  reference  to,  9 ;  con- 
struction  of,    at   Peoria   Lake,    20 

Fort  Crawford,  reinforcements  from, 
44 

Fort  Dearborn,  garrison  at,  4 ;  ref- 
erence to,  9 ;  massacre  of  garri- 
son   at,    11;    reference   to,    204 

Fort   Gibson,    205 

Fort   Hamilton,    52,    53 

Fort  Harrison,  Wabash  River 
crossed   at,    16 

Fort  Madison,  9;  siege  of,  18,  19; 
reference   to,    19 

Fort  Madison  (Iowa),  mention  of, 
for  capital,   91 

Fort  Shelby,  at  Prairie  du  Chien, 
9;    reference   to,    20 

Fort    Snelling,    precinct    of,    73 

Fort    Winnebago,    53,    54 

Foulke,    Philip,    213 

Fourth    Lake    (Wisconsin),    56 

Fox  Indians,  42 ;  sale  of  land  by, 
63;    reference    to,    203,    215 

Fox,  William,  crimes  of,  129 ;  plot 
of,  131;  reference  to,  132; 
charged  with  crime,  134;  slight 
wounds  received  by,  145 ;  traced 
by   Bonney,    156,    157 

France,    Louisiana  sold  by,    70 

Freeman,    Ben    C,    205 

Freeport     (Illinois),     132 

Frierson,  John,  78,  90,  94;  survey 
of  Iowa  City  by,  102,  104;  speech 
by,    103;   minority  report  of,   219 

Fry,  Jacob,  regiment  of,  46,  47, 
51,  54,  56,  59;  part  of,  in  Bat- 
tle   of    Wisconsin    Heights,    57 

Fulton.    James,    210 

Furnish,   Thomas,    230 

Gaines,  Edmund  P.,  command  of, 
42;    reference    to,    43,    215 

Galena  (Illinois),  lead  mines  near, 
41,  65;  company  formed  at,  45; 
march  to,  47;  reference  to,  53, 
60,  61;  mining  at,  66;  reference 
to,    68,    129,    146,    160 


INDEX 


249 


Galloway,    Ella,    209 

Garver,    Frank    H.,    217,    218 

Gates,   Mr.,   208 

Gehon,  Francis,  appointment  of,  as 
Acting  Coroner,  153;  candidacy 
of,  for  Council,  177;  election  of, 
178:  reference  to,  181:  chosen 
President  of  Council,  190;  ap- 
pointed Acting  Coroner,  229;  ref- 
erence to,   235 

Ghent,    Treaty    of,    22 

Gilbreath,    James,    201 

Gilham,  Samuel,  military  service  of, 
13 

Gomo,  village  of,   19 

Goodan,   L.  W.,   227 

Graham,  Thomas,  225,  226 

Grant,  U.   S.,   62 

Green  Bay,  French  trading  post  at, 
3 

Greene  County   (Illinois),   35 

Grimes,  James  W.,  78,  79 ;  motion 
of,  80,  85 ;  placed  on  Committee 
on  Vetoes,   86;   reference  to,   94 

Groflf,  Mr.,  Thomas  Davis  mur- 
dered  by,    127 

Hall,  James,  94 ;  vote  of,  95 ;  ref- 
erence to,  107;  vote  of,  on  State- 
hood,  111;  reference  to,  116,  222 

Hamilton,    Fort,     53 

Hamilton,  William  S.,  migration  of, 
to    Wisconsin,    41 

Hamilton's  Diggings  (Wisconsin), 
establishment    of,    41 

Hanbv,  James  F.,  surrender  of 
Mitchell   to,    130 

Harnev,  William  S.,  in  Black  Hawk 
War,    44 

Harrington,  Anson,  goes  to  Du- 
buque, 133;  reference  to,  135; 
part  of,  in  Bellevue  War,  147, 
148;  speech  of,  150;  motion  by, 
152  :  investigation  asked  by,  229  ; 
appointed  Clerk  of  District  Court, 
233 

Harris,  Charles,  warrant  issued 
by,    135 

Harris,    Pleasant,    235 

Harrison,  Fort  (See  Fort  Harri- 
son),   16 

Harrison,  William  Henry,  punish- 
ment of  Indians  by,  8 ;  despatch- 
es to  and  from,  22 ;  reference  to, 
206 

Hastings,  S.  C,  motion  of,  81,  93 ; 
reference  to,  90,  94,  96,  107, 
108,  109;  story  of,  221;  refer- 
ence  to,    223 

Hawkins,  J.  C,  motion  of,  120; 
reference    to,    223 

Helena    (Wisconsin),    58 


Hempstead,  Stephen,  74 ;  part  of, 
in  choice  of  capital,  96,  97,  219; 
reference  to,  169;  candidacy  of, 
for  Council,  177,  178;  sketch  of, 
234 

Henderson  County  (Illinois),  67, 
216 

Henry,  James  D.,  adjutant  of  regi- 
ment of  cavalry,  40 ;  service  of, 
in  Black  Hawk  War,  43 ;  volun- 
teers under  command  of,  46; 
brigade  commanded  by,  49,  50, 
51,  52,  53;  council  called  by,  54; 
orders  disregarded  by,  54 ;  pur- 
suit of  Black  Hawk  by,  54,  55, 
56,  57;  part  of,  in  '  battle  of 
Wisconsin  Heights,  56,  57,  58; 
return  of,  to  Blue  Mounds,  58 ; 
part  of,  in  battle  of  Bad  Axe, 
59,   60;   reference  to,   226 

Henry,  Joseph,  228;  Brown  de- 
fended by,   230 

Henry  County  (Iowa),  77,  78,  90, 
94,    96,    97,    107,    121 

Hepner,    George,    97 

Hildreth,  Margaret,  marriage  of, 
232 

Hilyard,  Leonard,  migration  of,  to 
Iowa,  68 ;  part  of,  in  Bellevue 
War,    147;   sketch  of,   233,   234     " 

Hilyard,    Margaret,     199 

Hilyard,  Morris,  migration  of,  to 
Iowa,    68 

Hilyard,  Thomas,  migration  of,  to 
Iowa,  68 

Hinkley,   Mr.,  claim  of,   in  Iowa,  67 

Historical  Department  of  Iowa, 
Journal  piiblished  by,    234 

Historical  Society  of  Iowa,  State, 
Lucas  papers  in  possession  of, 
231;  reference  to,  239 

History,    definition   of,   vii 

Hitchcock,  E.  A.,  in  Black  Hawk 
War,   44 

Hopkins,  Samuel,  Kentuckians  com- 
manded by,  11;  meeting  of  troops 
under,  15;  retreat  of,  16;  sketch 
of,    203;    letter   of,    205 

Ploricon,    Lake,    Indians   near,    53 

Howard,  Benjamin,  commissioned 
as  Brigadier  General,  17;  attack 
of,    upon    Indians,    19 

Howe,   Henry,   224 

Howe,  John,   175,   233 

Hughes,    Lawson    B.,    97 

Hull,  Willijvm,  surrender  of  De- 
troit  by,    11 

Hustisford    (Wisconsin),    54 

Huston,    Samuel,   company   of,    51 

lies,  Elijah,  a  founder  of  Spring- 
field, 37;  transfer  of  land  by,  38; 


250 


INDEX 


service  of,  in  Winnebago  War, 
40 ;  company  of,  46,  47 ;  refer- 
ence  to,    213,    214,    227 

Illinois,  13,  14;  Cox  in  legislature 
of,  24-33;  Constitution  of,  27, 
32;  admission  of,  as  State,  27; 
General  Assembly  of,  28 ;  elec- 
tion of  United  States  Senators 
from,  28 ;  location  of  capital  of, 
30,  31,  32.  92,  93;  pro-slavery 
sentiment  in,  32;  land  in,  35 
Indian  alarm  in,  40 ;  mining  in 
terest  in,  41;  militia  of,  42;  re 
moval  of  McDonald  to,  65 ;  set 
tiers  from,  68 ;  reference  to,  175 
194,    201 

Illinois   River,    settlements   near,    3 
reference  to,    12,    14,    19,   22 

Illinois  Territory,  creation  of,  3 
counties  of,  4 ;  appointment  of 
Governor  of,  4;  Kaskaskia,  the 
ancient  capital  of,  5 ;  arrival  of 
Governor  Edwards  in,  7;  de- 
fense of,  8;  Indians  in,  9,  11; 
militia  of,  10,  16,  17;  military 
operations  in,  in  1812,  16;  Sec- 
retary of,   25 ;   census  in,   200 

Indian   Boundary  Line,   113,    114 

Indiana,  removal  of  John  G.  Mc- 
Donald from.  65 ;  outlaws  in, 
122 ;   vigilance  committee  in,    166 

Indiana  Territory,  division  of,  3 ; 
defense  of,   8 ;   Indians  in,   9 

Indians,  conflicts  with,  in  Ken- 
tucky, 2 ;  relations  of  British  to, 
7 ;  defeat  of,  at  Tippecanoe,  9 ; 
hostility  of,  9,  12,  17,  47;  in  Il- 
linois Territory,  11;  expeditions 
against,  11-16;  prairie  fires  set 
by,  16;  disturbances  by,  41; 
treaties  with,  43,  63 ;  movements 
of,  53;  losses  of,  at  Wisconsin 
Heights,  57 ;  intercepted  at  Bad 
Axe  River,  58;  defeat  of,  at 
Bad   Axe   River,    59,    60 

Inghram,   Arthur,   88,   97,   169 

Iowa,     surveys    in,     64;    no    organ- 
ized    government     in,     70 ;     large 
counties    of,     73 ;     legislators    of, 
78 ;    Surveyor    General    for,    103 
admission     of,      108,      110,     111 
185;     Governor     of,     119,     236 
early  settlers   of,    138,    194,    195 
reference    to,     151,     156;    bound- 
aries   of,    185,    186,    187;    troops 
of,    in   Mexican   War,    237 

Iowa.  Historical  Department  of, 
publication   of,    234 

Iowa,  Territory  of,  11,  73,  74; 
legislature  of,  75,  77,  83 :  Or- 
ganic Act  of,  73,  76;  capital  of, 
82,    89-100;    Third    Governor    of. 


110;  boundary  dispute  of,  with 
Missouri,  113-121;  reference  to, 
159,    162,    167,    186 

Iowa,  The  State  Historical  Society 
of,  papers  in  possession  of,  231 

Iowa  Band,  William  Salter  a  mem- 
ber  of,    192 

Iowa  City  (Iowa),  name  of,  sug- 
gested by  Cox,  99 ;  survey  of, 
101-105;  Colonel  Cox  at,  106; 
legislature  at,  176,  181;  extra 
session  at,   189;  reference  to,  222 

Iowa    County    (Wisconsin),    64 

Iowa-Missouri  boundary  dispute, 
113,    121 

Iowa  Pioneer  Lawmakers'  Asso- 
ciation,   220,    221 

Iowa  River,  81,  101 

Iowa  Territorial  Gazette,  110;  ac- 
count of  Bellevue  War  In,    163 

Iowa  Township  (Jackson  County, 
Iowa),    64 

Ireland,  migration  of  Robert  Cox 
from  Belfast,   1 

Isett,  Thomas  M.,  a  commissioner  to 
locate   county  seat,    168 

Isle   Bois   River,    26,    62 

Jackson,  Andrew,  fine  of,  235 

Jackson  County  (Iowa),  surveys  in, 
64,  65;  settlement  in,  67;  in 
1833,  70;  reference  to,  73,  74, 
78,  94,  102,  106,  124;  crime  in, 
134;  reference  to,  138,  158,  159, 
162,  165,  166,  168,  170,  171. 
175,  177,  187,  190,  192;  gold 
fever   in,    237 

Jackson  County  Historical  Society, 
192 

Jackson  Day,  1840,  129;  celebra- 
tion  of,   220.    221 

Jackson  Township  (Jackson  County, 
Iowa),   64 

James,   Edmund  J.,   199 

Jeflferson,   Nic,    75,   218 

Jenkins,   James  H.,   235 

Johnson,  Albert  Sidney,  in  Black 
Hawk  War,   44 

Johnson   County    (Illinois),    27 

Johnson  County  (Iowa),  73,  94, 
190;  location  of  capital  in,  93, 
97,    101,    219 

Johnston,  Edward,  108,  109;  vote 
of,  on  Statehood,  111;  chosen 
Speaker,  170;  reference  to,  222 

Jonas,  Jerry,  part  of,  in  Bellevue 
War,    140 

Jonas,  William,  227 

Jones,  Gabriel,  regiment  of,  56; 
part  of,  in  battle  of  Wisconsin 
Heights,    57;   reference  to,   59 

Jones,  George  W.,  a  resident  of  Ste. 


INDEX 


251 


Genevieve,  25;  migration  of,  to 
lead  country,  41;  Delegate  to  Con- 
gress,    63 

Jones,  John  Paul,   26 

Jones,  Michael  candidacy  of,  for 
United   States   Senate,   29,    30 

Jones,    William,    230 

Jones,  William  F.,  monolith  pre- 
sented by,  193,  194;  reference 
to,    230 

Jones  County  (Iowa),  73,  94,  121; 
depredations  in,  126;  reference 
to,    168,   169 

Jonesboro  (Illinois),  residence  of 
Thomas  Cox  in,  16;  removal  of 
Cox  to,  27 

Joseph,    192 

Journey,   Nathaniel,   company  of,   18 

Judson,  L.,  Iowa  City  platted  by, 
102,    104 

Judy,  Samuel,  company  of,  10,  13, 
14,    18;   reference  to,   202 

Kane,  Elias  Kent,  pro-slavery  senti- 
ments of,  33  ;  death  of,  63 

Kansan  age,    193 

Kansas   glacial   drift,    66 

Kaskaskia     (Illinois),    early    history 
of,    4,    5 ;    removal    of    the    Coxes 
to,     5 ;     earthquake    felt    at,     25 
constitutional    convention    at,    27 
hotel    kept    by    Cox    at,    27,    207 
legislature    at,     28;     letter    from, 
29 ;    reference   to,    200 

Kaskaskia  River,    5,   6,    31 

Keith,   J.,    97,    98,    219 

Kellogg's  Grove,  Indian  raid  at,  47; 
reference    to,     52 

Kentuckians,  assembling  of,  at  Vin- 
cennes,  11;  mutiny  of,  15,  16; 
migration    of,    68 

Kentucky,  George  Rogers  Clark  in, 
1 ;  pioneers  of,  2 ;  Ninian  Ed- 
wards in,  4;  reference  to,  8,  20, 
25,    199,    200 

Kentucky  River,  Daniel  Boone's 
fort  on,   2 

Keokuk,  unable  to  control  Black 
Hawk,   44 

Keokuk    (Iowa),    108 

Keokuk    County    (Iowa),    73 

Kickapoo  village,    14 

King,   John,  letter  from,   158,   159 

Kirkpatrick,  James  L.,  142,  147, 
180,  226,  233 

Kirkpatrick,  Joseph  Scott,  147,  191, 
226,  229,   234;   sketch  of,   233 

Kitchell,  Mr.,  opposition  of,  to  Ed- 
wards,  30 

Knoll,  Mr.,  sketch  of  Stephen 
Hempstead   by,    234 

Koshkonong,    Lake,    52 


Langworthy,  Edward,  108,  109; 
vote  of,  112;  reference  to,  121, 
186,  222 

Lash,  John  B..   121,   122,   173,    174 

LeClaire,  Antoine,  a  captive  at  Peo- 
ria,   12,    203 

LeClaire   (Iowa),  reference  to,  81 

Lee  Countv  (Iowa),  94,  95,  98, 
107,     156,     170,     187 

LefHer,  Shepherd,  election  of,  to  leg- 
islature, 108 ;  resolutions  intro- 
duced by,  117;  reference  to,  119, 
120;  nomination  by,  179;  motion 
of,   183  ;  reference  to,  222,  235 

Legislative  Assembly  of  Iowa,  part 
of,  in  Missouri  boundary  dispute, 
116-121 

Lewis,  Warner,  in  Council  of  Iowa, 
74;   reference  to,    97 

Lexington  (Iowa),  old  name  for 
Anamosa,    169 

Lincoln,  Abraham,  service  of,  in 
Black  Hawk  War,  45,  46,  47,  49, 
214;   reference  to,   53,   227,  232 

Lincoln    (Illinois),   site  of,   14 

Lincoln,  Mrs.  Abraham,  214 

Lindsay,  Allen  F.,  company  of,  50, 
216;   reference  to,    226 

Linn  County  Historical  Society,  ad- 
dress before,  233 

Linn  County  (Iowa),  73,  93,  94; 
depredations  in,  126;  reference 
to,   219 

Linn  Grove  (Iowa),  Citizens'  As- 
sociation  organized   at,    126 

Local  leaders,  importance  of,  in  his- 
tory,   vii 

Long,  Aaron,  plot  of,  131;  charged 
with  crime,    134 

Los   Angeles,    238 

Louisa  County   (Iowa),  94,  96,  100 

Louisiana,   District  of,    70 

Louisiana    Purchase,    25,    70 

Louisiana   Territory,   4 

Lucas,    Mr.,    199 

Lucas,  Robert,  part  of,  in  Missouri 
boundary  dispute,  114,  115,  117 
120;  letter  of,  75,  76;  message 
of,  77;  veto  power  of,  82;  oppo 
sition  to,  83 ;  vetoes  of,  83,  84 
88,  112;  memorial  for  removal  of, 
87,  88;  suggestions  of,  on  bill 
98;  reference  to,  104;  relations 
of,  and  Conway,  109;  papers  of, 
157;  controversy  of,  219;  quar 
rel  between   Conway  and,   220 

Lytle,    Robert   T.,    64 

McDaniels,   Ada,   208 
McDaniels,    Colonel,   member  of  em- 
bassy from  Missouri,   117 
McDonald,  John  G.,  surveys  of,  65 ; 


252 


INDEX 


assists  Cox  in  survey,  102 ;  elec- 
tion of,  as  doorkeeper,  109 ;  Cox 
saved  ty,  143,  144;  part  of,  in 
Bellevue  War,  160;  removal  of, 
from  office  advocated,  161;  ref- 
erence to,  164;  a  commissioner 
to  locate  county  seat,  168 ;  sketch 
of,   216,   232;  reference  to,   228 

McDonald,   R.   H.,   228 

McCabe,  James,  part  of,  in  Belle- 
vue War,    138;   reference  to,   226 

McFerron,  John,  Illinois  senator,   29 

McKenny,    firm   of   Clarke   and,    79 

McKinley,  Samuel,  migration  of,  to 
Iowa.    68 

"Mackinaw  Fencibles",  defeat  of, 
20 

McNair,   Alexander,  regiment  of,   18 

Macoupin   County    (Illinois),   48,    65 

Madison  County    (Illinois),   35,   36 

Madison,  Fort,  9,   18,    19 

Madison,  James,  appointments  of, 
in    Illinois    Territory,    4 

Madison    (Wisconsin),   site  of,   56 

Magoun,  H.  R.,  part  of,  in  Bellevue 
War,   140,   147;   reference  to,  230 

Mail  routes,    80,    81,    84,    85 

Maiden,  line  of  communication  with, 
7 

Maiden  Trail,  reference  to,   8 

Mallard,   Augusta,   205,   210 

Mallard,    Belle,    210 

Mallard,     Clarence     Stillman,     211 

Mallard,   Cordelia  Cox,  211,   237 

Mallard,    Henrv,    210 

Mallard,  Joseph  S.,   210,   230,   237 

Mallard,    Josephine,    210 

Mallard,   Mary,   210 

Mallard,   Thomas,   211 

Mallard,    Tucie,    211 

Mallard,    Walter,    210 

Mankato  River,    186 

Maquoketa    (Iowa),    156,    193,    194 

Maquoketa  River,  65.  67,  68,  69, 
127,     132,    137,     139 

Maquoketa  Township  (Jackson 
County,    Iowa),    64 

Marietta  (Ohio),  headquarters  of 
army  at,  22 ;  journey  by  way  of, 
26:  "reference  to,   206 

Martin,  Morgan  L.,   231 

Maryland,  Ninian  Edwards,  a  na- 
tive of,   4;  reference  to,   28,   33 

Mason,   Charles,    161 

Mason,  R.  B.,  in  Black  Hawk  War, 
44 

Matthews,  Samuel  T.,  regiment  of, 
51 

Maugh,  M.  M.,  226 

Maxwell,  J.,  death  of,  143 

Menard,  Pierre,  election  of,  as  Lieu- 
tenant Governor  of  Illinois,   28 


Mexican    War,    231,    237 

Michigan,  upper  peninsula  of,  3 ; 
outlaws  in,  122  ;  reference  to,  123 

Michigan,   Lake,   reference  to,    3 

Michigan,  Territory  of,  41,  51,  70, 
71 

Michilimackinac,   202 

Militia,    Committee    on,    79 

Militia,  Iowa  Territorial,  191 

Milwaukee,  trading  post  at,  3 ;  ref- 
erence  to,    203 

Miners'    Bank,    bills   of,    157 

Minnesota,    3,    70,    73,    237 

Minnesota   River,    186 

Mintun,    Jacob,    222 

Missouri,  4,  17,  20,  22,  24;  pan- 
handle of,  25 ;  struggle  over  ad- 
mission of,  33;  reference  to,  35, 
37;  admission  of,  70;  reference 
to,  113,  114,  115,  116;  Consti- 
tution of,  114;  reference  to,  117, 
118,    119,    120,    132 

Missouri    Compromise,    33 

Missouri-Iowa  boundary  dispute, 
112-121;  bibliography  on,  223 

Missouri  River,  70,  71,  73,  186, 
238 

Missouri  Territory,  defense  of,  3; 
reference    to,     70 

Mississippi  River,  3,  4,  6;  chain 
of  forts  from,  9;  reference  to,  19, 
24,  25,  43,  44,  52,  58,  63,  66, 
67,  71,  72;  rapids  of,  82;  refer- 
ence to,    89,   90,   113,    152,    186 

Mitchell,  Edward,  service  of.  in 
Winnebago  War,  40;  reference 
to,    207,    214 

Mitchell,    George   L.,    238 

Mitchell,  James  C,  enmity  of 
Thompson  toward,  129;  Thomp- 
son shot  by,  130;  attempts  to 
kill,  131:  held  in  mock  confine- 
ment, 158;  killing  of  Thompson 
by,    161;    reference  to,    175 

Moffatt,  Franklin,  a  commissioner  to 
locate   county   seat,    168 

Moiave  Desert,"  238 

Monmouth  Township  (Jackson 
County,    Iowa),    67 

Monroe,  James,  letter  of,  35,  36; 
cabinet  of,  37;  reference  to,  205, 
212 

Monona,    Lake,    55 

Montgomery,  Absalom,  present  at 
shooting  of  Thompson,  130;  ref- 
erence  to,    162 

Moore,  James  B.,  company  com- 
manded by,  9 

Morden,  William,  settlement  started 
bv,  67;  reference  to,  136,  191; 
sketch  of,  217,  234 


INDEX 


253 


Moredock,  John,  military  service  of, 

18 
Morgan,    James   M.,    237 
Morgan    County    (Illinois),    51 
Mormons,   trail  of,   238 
Moss,    James   K.,   letter  to,    75,    76 ; 
aids    in    organizing    Citizens'    As- 
sociation,     126;      powder     stolen 
from,    131,    132;   meeting  at   store 
of,     136;     part     of,     in     Bellevue 
"War,    147,    l58,    161;   removal  of, 
from    office    advocated,    161;    not 
removed,    164;    elected  to  succeed 
Cox,   176:  sketch  of,  218,  232 
Mountain    Meadows,    238 
Mount  Hope  Cemetery,   193,  194 
Mount     Pleasant     (Iowa),     competi- 
tion   of,    for    capital,    90,    91,    93, 
94,    95,    98;    reference    to,    102, 
219,    220,    221 
Munn,  Benjamin,  store  of,  207 
Muscatine    County    (Iowa),    78,    94, 

107,    168 
Myers,  Jacob  L.,  121,  222 

Napoleon  (Iowa),  Capital  Commis- 
sioners to  meet  at,  97;  meeting 
of  Commissioners   at,    101 

Neale,  Thomas  M.,  service  of,  in 
Winnebago  War,   40 

Negroes,  held  under  qualified  con- 
dition   in    Illinois,    32 

Neville,  Enoch,  migration  of,  to 
Iowa,    68;    reference  to,   226 

Neville,  Ephraim,  migration  of,  to 
Iowa,    68;    reference  to,    199 

Newberry,    Anson,    230 

New  Englanders,   migration  of,   68 

New  Hampshire,   108 

New  Madrid,   country  about,  25 

Newport  (Iowa),  county  seat  of 
Jones    County,    169 

New    Yorkers,    migration    of,    68 

Niagara,  Fort,  202 

Niagara   dolomite,    66 

Nicholas,  Colonel,  sent  up  the  Illi- 
nois  River,    19 ;    reference   to,    20 

Nichols,    Augustus,    209 

Nichols,  Cordelia,  209 

Nichols,    Corrinne.   209 

Nichols,    Daniel   Bartlett,    208 

Nichols,    Elmer   Elsworth.    209 

Nichols,    Florida,    208,    209,    237 

Nichols,   John   Gregg,    208,   237 

Nichols,  John  Gregg,  Jr.,  208 

Nichols,    Lewis    Cass,    209 

Nichols,   Roba,   208 

Nichols,  Thomas  E.,   206,   209 

North  America,  driftless  area  of,  193 

North  Dakota,    73 

North    Platte    River,    238 

Northwest,   trading  posts  of,    7 


Northwest  Territory,  Ordinance  for 
Government  of,  2 ;   division  of,  3 

Nowlen,    Bennet,    226 

Nowlin,  Hardin,  74;  motion  of,  91, 
94;  reference  to,  94,  95;  candi- 
dacy   of,    for    Council,    177,    178 

Nowlin    amendment,    the,    95 

Ohio,  admission  of,  as  State,  3 ;  ref- 
erence to,  22,  67;  service  of 
Robert  Lucas  in,  78 ;  outlaws  in, 
122 

Ohio  River,  Indians  north  of,  2 ; 
reference    to,    64 

Oklahoma,    205 

Orleans,    Territory    of,    70 

Oswegotche,     202 

Owen,    Joshua,    223 

Owen,  Thomas,  230 

Palmer,  Henderson,  death  of,  142 

Parish,   John   C,   letter  from,   235 

Parker,    Jonathan    W.,    72 

Parker,    Samuel,    94 

Parks,  Thomas  J.,  part  of,  in  Belle- 
vue War,    138,    147 

Parvin,  Theodore  S.,  mistake  of, 
219,  220,  221,  222;  Journal  dis- 
covered by,  234;  statement  by, 
236 

Patriot  War,  Canadian,  refugees 
from,    68;    reference   to,    133 

Patterson,    R.    G.,    235 

Patterson,  William,  94,  98,  107; 
vote  of,  on  Statehood,  111;  ref- 
erence  to,    119,    184,    222,    235 

Pavne,    Jesse   D.,    97 

Pence,    Allen   W.,    216 

Pence,    Gabriel,    216 

Pence,   Solomon,    216 

Pennsylvania,    110 

Peoria  (Illinois),  French  trading 
post  at,  3 ;  French  colony  at,  12 ; 
movement  of  troops  toward,  15 ; 
return  of  General  Howard  to,  19; 
reference    to,    20,    203 

Peoria  Lake,  Fort  Clark  at  foot  of, 
9 ;  military  movements  toward, 
12;  Indian  villages  on,  14;  a 
rallying  ground  for   Indians,   19 

Perkins,    Lieutenant,    20 

Perkins,    Mr.,    216 

Perry  Township  (Jackson  County, 
Iowa),    64 

Petriken,    Mr.,    161 

Phillips,    Joseph,    captaincy   of,    18 

Pingry,    Mr.,    216 

Piorias  (Peoria)  French  trading 
post   at,    3 

Pittsburg,    journey  by  way   of,    26 

Platte  Vallev,   238 

Plum  River,  52,  66 


254 


INDEX 


Point   au   Fer,   202 

Point    Pleasant    (Iowa),    81 

Polk,  James  K.,  appointments  of, 
110 

Pope,  Nathaniel,  appointment  of, 
as  Secretary  of  Illinois  Territory, 
4 ;  appointments  by,  8 ;  at  Ste. 
Genevieve,  25 ;  efforts  of,  to  se- 
cure enabling  act,  27;  reference 
to.   201,   202 

Pope's  Bluff  (Illinois),  a  competi- 
tor for  capital  of  Illinois,   31 

Portage  des  Sioux,  treaty  signed  at, 
22 

Porter,  Asbury  B.,  94 

Posey,  Alexander,  brigade  of,  52, 
57;  sent  to  Fort  Hamilton,  53; 
reference   to,    58,    59 

Pottawatamies,    8,    14 

Potts,    William    L.,    227 

Prairie  du  Chien,  French  trading 
post  at,  3 ;  Fort  Shelby  at,  9 ; 
British  driven  from,  20;  out- 
break of  Indians  near,  40 ;  ref- 
erence to,   202 

Prairie  du  Rocher,  location  of,   5 

Prairie  La  Pierre,  settlement  of,  66 

Price.    Calvin    J.,    94 

Prophet,   hostility  of  the,    8 

Protective  Association,  organization 
of.    126 

Public  lands,  212 

Quakers,  of  Rhode  Island,  26 

Ralston,  Robert,  97;  chosen  Com- 
missioner to  locate  Iowa  City, 
100;    reference   to,    104 

Ramsey,  General,  retreat  of  Ken- 
tuckians  under,    16 

Randolph  County  (Illinois  Terri- 
tory), extent  of,  4;  reference  to, 
5 ;  regiments  organized  in,  8 ; 
reference   to,    10 

"Ranger,    The    Old",    13,    42 

Rangers,  act  authorizing  enlistment 
of,  8 ;  organization  of,   17 

Ray,  General,  retreat  of  Kentuck- 
ians  under,   16 

Rector,  Elias,  regiment  commanded 
by,    13 

Reed,  Alexander,  migration  of,  to 
Iowa,  66 ;  part  of,  in  Bellevue 
War,   138,   147 

Reeves,   firm  of  Russell  and,   79 

Revolutionary    War,    1,    7 

Reynolds,  John,  military  service  of, 
13;  quotation  from,  15:  Gover- 
nor at  outbreak  of  Black  Hawk 
War,  42 ;  letter  to,  44 ;  militia 
assembled  by,  45 ;  call  of,  for 
troops,   46 ;    appointments   of,   47, 


48 ;  reference  to,  53 ;  treaty  nego- 
tiations of,  63 ;  reference  to,  204, 
215 

Rhode    Island,    26,    206 

Rich,  Alfred,  109 ;  minority  report 
of.  111;  resolutions  offered  by, 
116;  granted  leave  of  absence, 
171;    reference   to,    223 

Richards,  W.  A.,  letter  from,  212 

Richfield    (Iowa),    81 

Richland,  farm  of  Cox  named,  69; 
reference  to,   81 

Richland    Farm    (Iowa),    192 

Roads,  Territorial,  80,  81 

Roads  and  highways,  committee  on, 
79 

Roberts,    Robert    G.,    94,    96 

Robertson,  Joseph  M.,  resolution  of- 
fered by,   174;  reference  to,  222 

Robinson,    Jane,    marriage   of,    1 

Robinson,  Mr.,  father-in-law  of  Rob- 
ert Cox,   1 

Rockingham  (Iowa),  railroad  from, 
81 

Rock  Island,  21;  Indian  agents  at, 
42 ;  reference  to.  45,  71 ;  rapids 
above.    82 ;    murder   on,    156 

Rock  River,  Indians  on,  7 ;  Fort 
Armstrong  at  mouth  of,  9 ;  ref- 
erence to,   21,   42,   51,   52 

Rock   River   Valley,    46 

Rockv   Mountains,    238 

Rodefer,    B.,   75,   218 

Ronalds,  John,  chosen  Commissioner 
to  locate  Iowa  City,  100 ;  refer- 
ence  to,    104,    222 

Rose,  John  H.,   72,   217 

Ross,   William  R.,   223 

Russell,  Camp,  at  Edwardsville,  Il- 
linois,   9;    reference   to,    10,    13 

Russell,  William,  regiment  command- 
ed by.  8 ;  Camp  Russell  named 
for,  9 ;  march  of.  from  Vin- 
cennes,  11;  expedition  of,  13; 
march   of,    13 

Russell  and  Reeves,   firm  of,   79 

Sabula  (Iowa),  founding  of,  67; 
reference   to,    138 

Sac  Indians,  on  Rock  River,  7 ; 
treaty  with,  22 ;  reference  to,  41 ; 
chiefs  of,  44;  sale  of  land  by,  63; 
reference    to,    204,    215 

Sacs   and  Foxes,   203 

Sahramling,    Peter,    230 

Said,    Caleb,    230 

Said,    Jesse,    227 

Said,    Nathan,    227,    230 

St.  Charles,   36 

St.  Clair  County  (Illinois  Terri- 
tory), extent  of,  4;  regiment  or- 
ganized in,  8 ;  regiment  from,   10 


INDEX 


255 


St.  Louis,  location  of,  5 ;  reference 
to,  9,  36;  treaty  at,  in  1804,  42; 
reference  to,   42,    62 

St.    Peters,    precinct   of,    73 

St.   Peters  River,   186 

St.  Vrain,  Felix,  203 

Ste.  Genevieve  (Missouri),  Nathan- 
iel Pope  a  lawyer  in,  4 ;  location 
of,  5;  history  of,  25,  26;  settlers 
from,  41;  reference  to,  62,  63, 
207 

Salter,  William,  at  funeral  of  Cox, 
192;  at  reburial  of  Cox,  194; 
reference  to,  200,  206 

Salt  Lake  City,   238 

Sandridge,    Hastings,    226 

Sangamon  County  (Illinois),  crea- 
tion of,  35;  county  seat  of,  38; 
James  D.  Henry,  Sheriff  of,  40 ; 
mining  fever  in,  41;  companies 
from,  45;  reference  to,  65,  128, 
227 

Sangamon    River,    14,    35 

Savanna  (Illinois),  site  of,  52;  set- 
tlement  of,    67 

Scotch  Grove   (Iowa),   168 

Scotch  Highlanders,   168 

Scott,    David,    216 

Scott,    Emily,    210 

Scott,  Frances,   209 

Scott,   Harriette,    210 

Scott,   John,   company  of,    10 

Scott,    Jonathan    R.,    209 

Scott,    Jonathan    R.,    Jr.,    209 

Scott,  Winfield,  treaty  negotiated 
by,    63 

Scott  County  (Iowa),  73,  84,  94, 
98,    107 

Seamands,  Joshua,  226 

Seamands,  Peyton,  member  of  sur- 
veying party,  65 ;  migration  of, 
to  Iowa,   68 

Seeley,  John  O.,  sketch  of  Burleson 
by,   230 

Selkirk's    Settlement,    168 

Sells,  Enoch,  member  of  surveying 
party,   65 

Senett,    Captain,    237 

Shambaugh,  Benj.  F.,  editor's  intro- 
duction by,  vii ;  reference  to,  75 ; 
information  given  by,   236 

Shawneetown,    12,    29,    203 

Shelby,  Fort,  at  Prairie  du  Chien,  9 

Shelby,  Isaac,  Kentuckians  assem- 
bled by  order  of,  11;  fort  named 
in  honor  of,  20;  reference  to,  205 

Short,  Jacob,  company  commanded 
by,    9 ;    company   of,    10 

Sioux,    Portage   des,    22 

Sioux  River,    186 

Skinner,   Joseph,   216 

Slaughter    County    (Iowa),    94 


Slavery,   in   Illinois,    32,   33 

Smith,    Captain,    162 

Smith,    Du   Ray,    210 

Smith,    General,    213 

Smith,    George  F.,   225 

Smith,  Jeremiah,  protest  signed  by, 
54 

Smith,  Vincent,  part  of,  in  Bellevue 
War,  142;  reference  to,  227,  228 

Snelling,    Fort,    precinct  of,    73 

South  Dakota,    73 

Southern   California,    238 

South  Fork  of  Maquoketa  River,  67 

South  Fork  Township  (Jackson 
County,    Iowa),   64 

Spanish  Mines,  Indian  hostilities 
near,    9 

Spiles,  Mark,  member  of  surveying 
party,   65 

Spirit   Lake   Massacre,    165 

Springer,  Francis,  candidacy  of,  for 
President  of  Council,  179,  182, 
183,  184;  chosen  President  pro 
tem  of  Council,  181;  takes  place 
of  Cox  on  committees,  185;  refer- 
ence to,   235 

Springfield  (Illinois),  14;  location 
of,  35;  founding  of,  36,  37; 
not  a  favorite  for  county  seat, 
38;  gift  of  land  to,  38;  reference 
to,  41;  town  site  of,  46;  refer- 
ence to,  47,  49,  62,  175;  choice 
of,   as  capital,   214 

Springfield    (Iowa),   69,    192 

Springfield  District,   35 

Stanford,    Cornelia,    208 

Stillman,   Major,   defeat  of,   45,  46 

Stillman's  Run,   45 

Stephenson,  Benjamin,  regiment 
commanded  by,  13,  18;  move- 
ments of,  in  War  of  1812,  19; 
reference    to,    200,    201 

Stevens,  Frank  E.,  quotation  from, 
56 

Stukey,  John,  226 

Sublett,  John  T.,  on  committee  to 
interview  Judge  Wilson,  133; 
part  of,  in  Bellevue  War,  140, 
147;     sketch    of,     233 

Sublett,  Tom,  part  of,  in  Bellevne 
War,    142;   reference  to,   227 

Sullivan  Boundary  Line,  reference 
to,  113;  declared  the  true  line, 
121 

Summers,  Laurel,  resolution  by,  81 ; 
on  Veto  Committee,  86 ;  refer- 
ence to,  94,  98,  107,  111;  Cox 
nominated  by,  172;  reference  to, 
174,  222 

Summit  Street,  Iowa  City,  Iowa, 
104 


256 


INDEX 


Superior,   Lake,  reference  to,   3 

Supreme  Court  of  United  States,  de- 
cision of,  in  Missouri  boundary 
dispute,   121 

Swan,    Charles,    67 

Swan,  Chauncey,  74 ;  on  Veto  Com- 
mittee, 86;  reference  to,  94; 
chosen  Commissioner  to  locate 
Iowa  City,  100;  report  of,  103, 
105,    222;    reference    to,    104 

Swazy,    E.    A.    M.,    97 

Sweetwater    River,    238 

Taney,    Bowles   E.,    210 

Taylor,  Hawkins,  on  Veto  Commit- 
tee, 86;  motion  of,  to  recon- 
sider, 94 ;  reference  to,  94 ;  vote 
of,    95;   reference  to,   96,    221 

Taj^lor,  Zachary,  garrison  command- 
ed by,  16;  expedition  of,  against 
Indians,  21;  in  command  of  re- 
enforcements,  44 ;  reference  to,  59 

Teas,  Joseph  B.,  candidacy  of,  for 
President  of  Council,  179,  182, 
183,  184;  party  alignment  of, 
179,    181,    235 

Tecumseh,    hostility    of,    8 

Temple,    George,    79,    88,    94 

Terre  Haute    (Indiana),   16 

Territorial  Affairs,  Committee  on, 
79,    80,    91 

Thayer,    Nellie,    209 

Third  Lake   (Wisconsin),  55,  56 

Thomas,  Jesse  Burgess,  election  of, 
as  United  States  Senator,  28 ; 
slavery  party  led  by,  33 ;  rivalry 
between   Edwards  and,   213 

Thompson,  James,  character  and 
history  of,  128,  129;  enmity  of, 
toward  Mitchell,  129;  shooting 
of,    130 

Thornton,  Levi,  78,  90,  94 

Tippecanoe,  battle  of,   8,  9 

Todd,  John,  appointment  of,  as 
Register  of  land  office,  39;  suc- 
ceeds  Cox,    214 

Toole,  "William  L.,  90,  94,  96 

Traders,  relations  of  Indians  with 
English,    7 

Traders'    Point,    238 

Transylvania  University,  25 

Truman,    Ben   C,    210 

Turkey  River,    73 

Turtle   Creek,    52 

Twiggs,  David  E.,  in  Black  Hawk 
War,  44 

Union    County    (Illinois),    16,    27; 

represented  by  Thomas  Cox,  28 
Union    Township    (Jackson    County, 

Iowa),    64 
United    States,    Louisiana    acquired 


W,  70 ;  position  of,  in  boundary 
dispute,  115;  Supreme  Court  of, 
121 

Vance,  William,  shot  in  Bellevue 
War,   143;  reference  to,  227 

Vandalia  (Illinois),  choice  of,  as 
capital  of  Illinois,  31;  location 
of   capital,    at,    92 

Vandals,    31 

Van  Buren,  Martin,  memorial  to, 
88;    reference   to,    104,    222 

Van  Buren  County  (Iowa),  94,  96, 
97,  98,  107;  protest  by  Com- 
missioners of,  114;  armed  forces 
in,  115;  reference  to,  116,  119, 
179,    187 

Van  Buren  Township  (Jackson 
County,    Iowa),    64 

Vaughn,   William,   death  of,   143 

Vermont,    36,    156 

Vermont  delegation  in  Congress,   36 

Veto  power,  exercise  of,  by  Gover- 
nor   Lucas,    82-88 

Vincennes  (Indiana),  chain  of 
forts  to,  9 ;  march  of  troops  from, 
11 

Virginia,  migration  of  Robert  Cox 
to,    1 ;    reference   to,    48 

Wabasha,   Indian  attack  at,   40 

"Wabash  Country,  The",  regiment 
organized    in,    8 

Wabash  River,  3,  4 ;  chain  of  forts 
to,   9 ;   reference  to,    16 

Wallace,  William  H.,  77,  78,  94, 
95 ;  president  pro  tern  of  Coun- 
cil, 179;  votes  for,  as  perma- 
nent president,  179;  reference 
to,    183,    184,    235 

Walworth,  George  H.,  Ill,  121, 
223 

Wapello,  unable  to  check  Black 
Hawk,   44 

Wapsipinicon  River,  81,   169 

War  of  1812,  service  of  Thomas 
Cox  in,  7-23;  opening  of,  11; 
reference  to,  24 ;  financial  trou- 
bles following,  34 ;  reference  to, 
204,   214 

Warren,    Hooper,    215 

Warren,  William  A.,  72 ;  appoint- 
ment of,  as  Sheriff,  124,  125; 
aids  in  organizing  Citizens'  As- 
sociation, 126;  reaches  scene  of 
shooting,  130;  Mitchell  rescued 
by,  131;  plot  disclosed  to,  132; 
reference  to,  133 ;  assembling  of 
recruits  by,  136;  negotiations  of, 
with  Brown's  men,  139,  140, 
141;  in  charge  upon  Brown's 
house,  142  ;  order  for  burning  of 
house    given    by,    143 ;    quotation 


INDEX 


257 


from,  146 ;  letter  from  Judge 
Wilson  to,  154;  reference  to, 
156;  part  of,  in  Bellevue  War, 
158,  160,  161;  relations  of  Ber- 
ry and,  164;  sketch  of,  217,  231, 
232;  history  of  Bellevue  War  by, 
224,  227;  reference  to,  225,  228; 
military  service  of,  227;  refer- 
ence to,  239 

Washington,  D.  C,  Ninian  Edwards 
at,  29;  reference  to,  44;  Post 
Office  Department   at,   86 

Washington  Township  (Jackson 
County,    Iowa),    64 

Waterloo    (Missouri),    115,    117 

Watkins,  George,  part  of,  in  Belle- 
vue War,    140;   reference  to,   233 

Watkins,    James,    228,    233 

Wayland,  Dr.,  member  of  embassy 
from  Missouri,   117 

Wavne,  Anthony,  Indian  campaign 
of,   2 

Welch,   Tom,  wounding  of,   145 

Wheeler,  Loring,  108,  109,  120, 
121,   170,  223 

Whipple,    Alice,    211 

White  Oak  Springs  (Wisconsin), 
64,   137 

Whiteside,  Samuel,  troops  command- 
ed by,  9;  company  of,  18;  serv- 
ice of,  in  Black  Hawk  War,  43 ; 
promotion  of,  45 ;  reference  to, 
46,   49 

Whiteside,  William  B.,  military 
service  of,  9,  18;  regiment  com- 
manded by,  10 ;  service  of,  in 
Black  Hawk  War,  43 ;  reference 
to,   202 


Whitesides,  J.  B.,  motion  concern- 
ing,   80 

Whitewater   River,    53,    54 

Whittlesey,    Charles,    97 

Wilson,    Abner,    230 

Wilson,    John,    239 

Wilson,  Thomas  S.,  relation  of,  to 
Bellevue  War,  134;  action  of, 
after  the  Bellevue  War,  153 ; 
letter  from,  154;  court  adjourned 
to  Lexington  by,  169 ;  reference 
to,    225,   229 

Winnebago,    Fort,    53,    54 

Winnebago  Indians,  8 ;  outbreak 
of,  40 ;  report  by,  54 ;  informa- 
tion   given    by,    55 

Winnebago   Indian   War,    213 

Wirt,    William,    212 

Wisconsin,  3;  Indians  in,  8;  ref- 
erence to,  25 ;  early  history  of, 
41;  reference  to,  51,  56,  71,  72; 
lead  regions  of,  52 ;  legislature 
of,    86;    reference   to,    103,    108 

Wisconsin,  Territorial  legislature  of, 
124,    128 

Wisconsin,  Territory  of.  Governor 
of,   63;  reference  to,   64,   71,    110 

Wisconsin  Heights,  battle  of,  56, 
57,    216 

Wisconsin  River,  56,  58 

Wood,  Enoch  A.,  claim  in  Jackson 
County,    Iowa,    67 

Wyckoff,    Richard   B.,    191 

Young,    Mr.,    199 

Zion  Church,  legislature  in,  77,  116 


OF   THE 

UNIVERSITY 


sP>^i 


THIS  BOOK  IS  V^  °N  THE  I.AST  DATE 
STAMPED  BELOW 

AN  INITIAL  FINE  OF  25  CENTS 

Am    ID  !•■■*«■  ^^„   -..LURE  TO   RETURN 

W.UU  BE  ASSESSED  FOR  FAILURE  TO    ^^^^^ 

THIS   BOOK  ON   THE  ^'^Jf^goN  THE  FOURTH 

rv^rN^To^sroo -;-----  -^ 

OVERDUE. 


LD21-100m-7,'33 


1  Vj»J»^-<^ 


19486G     r 
Op 


'     / 


